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I imagine that creating your own games/apps takes a tremendous amount of money, hard work, and luck. If only he had he been able to collect royalties from ATVI to launch a viable business we wouldn't be where we are today.
That's just from royalties. I'm also hoping Tom will Hire some people to create his own revenue producing games/apps.
I don't see it as settling cheap. I see it as a means to an end to go hard at ATVI. The other infringers would have no defense if we win all the patents back. ( don't forget treble damages on ATVI)
If I didn't know any better, I would think that he was the one that just posted that.
I would like to hear from Alpha. He too seems to be spot on with his posts.
It does say settlement talks. This is encouraging.
If there are indeed settlement talks, one would think that the volume would be going thru the roof by now.
Wishful thinking, but I don't think we will hear anything from anyone until all of the rebuttal arguments are in. Sometime in late Feb.
The volume says different. Show us the money Louman. Lol.
My bad. I meant to say Worlds additional discovery of the contract was denied not worlds contract evidence was denied.
This is basically a small do-over. The ruling is that Bungie must now bear the burden of proof this time around. If worlds evidence (the contract) will not be permitted, can Bungie be allowed to produce a contract? I don't believe so. Not sure how Attorney argument proves anything? Also, was there a mention of any other evidence provided by Bungie at the ptab that would help their cause? I don't remember reading anything about it. The thing that helps their case is a contract with Atvi that doesn't imply privy,(which probably doesn't exist) and only if it already exists in evidence. Correct me if I'm wrong.
The way I'm reading it is that all Bungie had was attorney argument(a lot of fast talk) with no actual evidence to prove that they were the real party of interest. The ptab is saying we are disregarding your argument and you need hard evidence. How do they submit extra evidence when discovery from both sides is denied? You can't. It's Bungie's burden to prove. If they can't, worlds just sits by and watch Bungie drown themselves.
Activision is imploding. They went from a 52 week high a little over a month ago to a 52 week low today. I hope Wddd rains on their parade a whole lot more in the coming week.
Whitey Bulger killed in prison. Good riddance, I hope you rot in hell.
Thanks, Mad. I was unsure how that would play out.
I seem to remember something about a mistake on the patent expiration that is supposed to be revisited in Caspers court. If there are settlement talks going on between Worlds and Activision, how would the parties know when the patents are good until if the issue is still pending?
Sorry Mad, I didn't mean to steer the question in your direction specifically. It was more of an open question for anyone on the board. I was just curious if anyone on the board has seen this estoppel scenario play out before.
During the Teleconference, is this where the issue of Estoppel will be brought up? How do the parties even discuss if new evidence can be brought in if estoppel is not ruled upon?
Convoluting and confusing is an understatement. One really has to go thru the whole process more than a couple of times to fully appreciate what's going on. (a lot of smart people on here) I feel like a kid surrounded by a sea of legal minds. And even the legal minds here have their own separate theories about what to expect next from this wild and crazy ride. Thanks again for making me feel I'm not alone.
Thanks, Mad. I just assumed the decision was the Mandate, and these things had already occurred and we were waiting on the next step. Thanks for being patient and helping out. I'm still on a learning curve when it comes to the court process.
How long does it usually take till we find out where we are on the calander?
Is this the type of event that is even reported on? What would it prove other than yea, the parties got together. 30 days is a deadline only for the courts.
Wouldn't an unexpected settlement cause a halt and a gap up in price? Lot's of people on here believe a vacate is in the cards. If it's a vacate, then the only thing stretching the timeline out would be that Bungie has rock-solid proof that Activision didn't have privy. If anything Other than that, I would hate to see you miss the boat on a settlement and a gap up which could happen any time now.
Bungie is that you?
Was that $5-7 based on Activision alone?
Thanks for the repost Data
Thanks Kid. I still see these 6 claims as being in limbo until the ptab revisit even though the claims have been remanded. Some on here have stated that there are other options but without explaining what they really are or what that would entail. would you happen to have any idea of how many claims worlds has had upheld thru the prior ptab re-examination? And would Worlds attorneys be comfortable enough to go to District with them if the 3 appealed Cafc claims were to be denied again?
Using the CE argument only makes sense if Worlds is denied discovery again. The claims are only lost if Worlds can't convince the ptab Judge's that discovery was screwed up. If they can't, then others on the board(including myself) believe there will be another appeal to the Cafc. My opinion is that the order is written where CE comes first when it should have been last. Also, My understanding of the CE issue, if applied would be that worlds would lose 6 claims. The 3 that weren't appealed as Worlds believed would correct themselves if/when they were able to prove their case through discovery, and also the 3 claims Worlds just appealed at the Cafc. Which would not be good for them. How many claims have worlds won already which are not part of this? I'm not sure but I believe losing to CE doesn't kill the case. Let me know if I am misunderstanding something. I'm not afraid of getting something wrong. It would be a great learning experience.
"A CE would invalidate all claims/appeals forward of the original ruling. Unfortunately, sharing that knowledge publicly could have serious negative effect on the current PPS". Apparently, you just did. Why would someone who has no position in the stock do such a thing?
I think I found what you are looking for. During the Cafc oral briefing, between the 42 and 43-minute mark, one of the judges makes a comment to Bungie's lawyer about issue preclusion and the ptab board that Bungie was asking the court to consider.
Thanks, Bescaredxx. I agree, 30 seconds is all it should take. What we do need is rock solid discovery(is the contract enough ammo?) then Worlds makes Bungie pay dearly for sticking their nose in where it doesn't belong. I wish treble damages also applied to them but I know it doesn't.
It makes sense that collateral estoppel only applies if and when Bungie were to pass the Discovery smell test. If they did pass, then we would see estoppel as being the order. This feels like They put the cart before the wagon. Unless we are missing something.
If I may ask, why did the Judges make estoppel the first step in the process? Wasn't the matter of discovery denial the more important issue to see if Bungie was indeed eligible to be the real party of interest? If The ptab were to, in fact, find that they did indeed err in not letting discovery happen, and worlds does go on and proves Activision did have privy to Bungie and the Destiny products, wouldn't it be as if the claims lost are a moot point anyway since Bungie should never have been given the opportunity to dispute the claims in the first place. In my opinion, the question of denial of discovery should have been the first issue. It has added so much time and confusion to all of this. Thanks
Thanks for the links Mad
What was litigated or not litigated before that Bungie doesn't want Worlds to get a second crack at. I'm confused at that part also. Does it have something to do with the 3 Ipr's that weren't appealed so these Ipr's were never litigated therefore Collateral estoppel Doesn't apply?
good point Quilt. With no date scheduled yet, my guess is she's embarrassed that she dropped the ball on discovery and recused herself. She doesn't deserve to Author another case after a screw up like that. Jmho.
Thanks, Mad.
It's been almost 2 weeks since the ruling. Does anyone have any ideas on how long it usually takes to get back on the calander for the Ptab?
Thanks, kid. Madprofit was right that these judges aren't the kind to set precedent. Correct me if I'm wrong but it is my understanding from a comment I read that this would have been one of the 1st cases that should have been tried on the time bar issue after wifi one. It seems as though the court just passed the buck. This should be on its way to District.
I was thinking along those lines also. Wasn't that what worlds Cafc appeal was mostly about? Wifi one laid the foundation. Did that not give the courts enough to override the Ptab and rule that the time bar applies? I'm confused. Can someone here help a fellow long understand this part? Thanks.