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Re: DDobserver post# 24914

Thursday, 04/13/2017 6:23:27 AM

Thursday, April 13, 2017 6:23:27 AM

Post# of 46204
That's a very loaded question and very much conditional on what the ruling is as there are at least a couple of different time lines given the what the ruling is (that I am aware of- and could be other alternatives to the process as well)

1. If CAFC rules and does not remand - it goes to District court and then we go down that timeline, followed by potential appeals on that District Court ruling, and then potentially a cert to scotus (which isn't always heard).

In my view this is the best outcome as it's the shortest timeline. Also, depending on the CAFC ruling, it may put alot of pressure on ATVI to settle if the ruling reverses some of the PTAB's decisions.

2. If CAFC remands back to the PTAB then we have a longer wait as we go through their review process, and although they are given 'guidance' by the CAFC they don't have to find any different outcome, so it may just create more delay.

And in fact, that remand ruling may indeed be appealable according to the article below, so then you're into a vicious circle of appeals

Third, the PTAB appears to contemplate that its decision on remand is itself appealable. In the remand decisions issued to date, the PTAB directs parties to the regulations governing notices of appeal. At least two notices of appeal have been filed in remand decisions to date.



Here's the above referenced article (a bit dated) on the topic. Until we know the ruling from the CAFC, don't assume we're going straight to District Court after this.

http://www.ipwatchdog.com/2017/03/21/ptab-handling-remands-federal-circuit/id=79677/

If #2 - it will certainly affect the stock as people will get tired of waiting, and of course there will be additional quarterly dilution to pay the bills, ceo, etc.

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