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Re: Bescaredxx post# 25277

Wednesday, 06/21/2017 1:58:11 PM

Wednesday, June 21, 2017 1:58:11 PM

Post# of 46201
To your question of potential impact of Wifi One/ Broadcom. The issue raised En Banc (before all the federal appeal judges) is if related third parties (i.e Bungie) in Worlds case, can't file an IPR without disclosing their relationship to the defendant (Activision) and whether discovery to prove that relationship and them acting as a proxy should have been permitted by the PTAB. If the Federal circuit rules in favor of third party review and challenges it could throw out the entire IPR rulings and Worlds could regain some of the claims invalidated by the PTAB.

Worlds has appealed on the same issued and cited the Wifi case and related cases in it's brief. worlds fact pattern is better than Wifi in that it produced a contract between Activision and Bungie with clauses that require Bungie to clear all IP for game publishing.

In either case the Federal Appeal court could throw out the entire PTAB ruling.

In addition the US Supreme Court is going to hear arguments in Oct. on the constitutionality of the whole IPR scheme which could also throw out the PRAB rulings.