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There is still plenty of fight to go.
Win at CAFC just puts WDDD back in the game.
Still got to go back to court for both ATVI & MSFT suits. Which won't be quick and fast, all we can hope for right now is this gets to move forward again, get to that next hurdle, and then clear it. I knew this wasn't a sprint. Thought at most it was a marathon, now it just feels like Forest Gump running coast to coast, and then back again.
Just relax everyone, and wait for the 1 hour before CAFC gets started to see panel draw as that might give a really good idea on how this plays out.
I would target 6 months. Can be longer, last trip to CAFC decision took longer,
As far 101 decision, I imagine that CAFC will rule on 101 themselves,so doubt it goes back to district with it still hanging over the case. I could be wrong, but that makes the most sense. Heaven forbid the judicial system making sense.
I hope many you actually realize (finally) this is not even close to crossing the finish line. Settlement, buying WDDD, might want to tap the breaks. Win or lose CAFC there is possible appeal first. Then, what exactly does the CAFC ruling state and direct? More than likely it goes back to Casper court. I like seeing the renewed enthusiasm, but first gotta wait for the ruling (6 months-probably Sept), wait to see if an appeal, then back to. Casper or possibly even a new court, how long you think either option takes, it won't be quick.
It's not a game over if bad panel,there would be an en banc appeal I would imagine, but not guaranteed.
There is a pdf you might Google. Judges you want on your ptab appeal. Quick simple 3 page read. I suggest you go get and read.
That or simply go back on the board here and read through old messages during that time. All the odds and probabilisties got worked out. Takes a little time to research, but al the info is on the board already. Well except for judge changes since 2018.
Here is a post from January 2018. All the cafc Judge talk happened at end of 2017 up until March 2018 if want to go back and look up all the info.
Well now actually Dyk, Mayer, Prost are the 3 to really avoid, Wallach is bad if paired with those.
Newman, Chen, Stoll and O'Malley are really good ones to have. Wallach tends to be good if paired with those.
So a bad Judge draw can drop us, but about an equal chance of a really good Judge draw, the rest are in the middle. Do some reading, see for yourselves what the Judges do, here are some places below to go look, and plenty more..going to be lots of reading for those who actually want to know and not just go with some form of Blanket statements.
This has been talked about and the math has been worked out it is a fairly small chance we get a horrible judge draw, a small chance we get best case scenario draw,,and a mostly it is going to fall somewhere in the middle
So doom and gloom is about as equal as start the party we are sitting pretty.
Above all else, it really depends on how much hype, how much buying, and what kind of run up we get leading up to the actual Judge draw...
but do some research, do some math, find out for your self what the odds are, and make decisions accordingly.
https://www.law360.com/articles/999115/fed-circ-s-2017-patent-decisions-a-statistical-analysis
http://www.bilskiblog.com/blog/2017/06/alicestorm-april-update-and-the-impact-of-tc-heartland.html
http://www.skgf.com/uploads/1561/doc/The_Federal_Circuit_Judges_You_Want_On_Your_PTAB_Appeal.pdf
http://www.ipwatchdog.com/2013/05/12/5-cafc-judges-say-computers-patentable-not-software/id=40251/
http://www.ipwatchdog.com/2017/05/11/federal-circuits-great-dissenter/id=83094/
http://www.ipwatchdog.com/2016/03/15/jimmie-reyna-supreme-court/id=67129/
Well now actually Dyk, Mayer, Prost are the 3 to really avoid, Wallach is bad if paired with those.
Newman, Chen, Stoll and O'Malley are really good ones to have. Wallach tends to be good if paired with those.
So a bad Judge draw can drop us, but about an equal chance of a really good Judge draw, the rest are in the middle. Do some reading, see for yourselves what the Judges do, here are some places below to go look, and plenty more..going to be lots of reading for those who actually want to know and not just go with some form of Blanket statements.
This has been talked about and the math has been worked out it is a fairly small chance we get a horrible judge draw, a small chance we get best case scenario draw,,and a mostly it is going to fall somewhere in the middle
So doom and gloom is about as equal as start the party we are sitting pretty.
Above all else, it really depends on how much hype, how much buying, and what kind of run up we get leading up to the actual Judge draw...
but do some research, do some math, find out for your self what the odds are, and make decisions accordingly.
https://www.law360.com/articles/999115/fed-circ-s-2017-patent-decisions-a-statistical-analysis
http://www.bilskiblog.com/blog/2017/06/alicestorm-april-update-and-the-impact-of-tc-heartland.html
http://www.skgf.com/uploads/1561/doc/The_Federal_Circuit_Judges_You_Want_On_Your_PTAB_Appeal.pdf
http://www.ipwatchdog.com/2013/05/12/5-cafc-judges-say-computers-patentable-not-software/id=40251/
http://www.ipwatchdog.com/2017/05/11/federal-circuits-great-dissenter/id=83094/
http://www.ipwatchdog.com/2016/03/15/jimmie-reyna-supreme-court/id=67129/
Judge panel, not jurists. :)
It won't give you probability of a win, just the probability of getting a bad judge panel which is an automatic loss is all. Read that article, If you pull the wrong judge panel you might as well not even have oral arguments because it won't matter, vs a good panel you have a chance based on actual case. Which in wddd case is pretty damn good.
Yes I remember. I spent a lot of time researching judge panel first trip. I have not looked up any of the old info yet to refresh myself, probably won't till beginning of March. Doubt I post any new info I find, but do appreciate you and your efforts. You remember all of the conversations about judge panels, so you know how important it is.
All the research was done the first CAFC trip. Long is just kind enough to bring it back up so the rest of you don't have to go look it up. . I don't think most people realize just how important judge panel selection is. The odds of pulling good judges was done also back during first CAFC trip as well. It was a topic of discussion for quite some time.
Oh I remember doing all the research on judge panel. New people don't realize just how important that panel selection is. Hope we get another favorable panel, as an appeal to hear en banc would be next step if lose.
The names of panel members are posted one hour before the scheduled start of the argument.
Now we just need to see which judges our on the panel. Hope for a good draw.
Just checking in to see if judge panel selected. It appears not.
Hopefully 2022 is a much better year for WDDD
Go back and read all the discussions on CAFC judge panel selection when went there on first appeal. Literally will come down to which judges get selected for 3 judge panel or possible en banc hearing.
way too many messages to read through.
i won't be back till CAFC judge panel time.
That is what this all boils down to now.
You can trade, but bad Judge panel, and the big ticket at the end
everyone has been waiting for....it goes poof!
It will come down to a 3 Judge panel, and if that goes badly the last ditch effort would be an en banc hearing at the CAFC if they don't get that instead of 3 judge panel first. I know the Supreme Court is the final option, but can't imagine they would take this case if that was the last option.
SO good luck to all, but there is nothing else to discuss
till then.
At least not that I care about.
Well, there is still a path forward that is viable, fraught with danger, but still viable. In the meantime, yeah would have been nice if he found a way to generate income with WDDD, a mobile game or something...besides selling stock in MRMD.
Hmm, buying something that costs less in the near future is a bad idea?
Oh yeah ATVI settlement any day still? yet nobody has said anything about -005 or .01 , just that you can buy it cheaper than it will be today.
I know for you, no price is too high is the drivel I keep hearing from paper towels and blind pumpers. Don't look at the facts, don't weigh the odds, don't look at the history of the stock, just buy and then buy some more as you average up, not average down. Because averaging up is how you make money....that makes lots of sense
Don’t be surprise if you see drivels like this soon: WDDD is now at $0.08, why doesn’t anyone wait until WDDD is at $0.005 or $0.01 to get 10 folds or 20 folds number of shares.
Yes the pumpers did a good job today spinning this.
Same people who told you to buy in t he .60's and the .70's
I wonder what their motivations are?
They are really looking out for everybody I can really tell.
Again spin words. 12-24 months for the CAFC process as long as 5-6 years if have to appeal the jury verdict ( assuming we get one) being as that would be the 2nd trip to the CAFC on ATVI case.
Timeline info as I see it. Disagree all you like but my timeline figures have been pretty spot on.
best case scenario 8-10 months for CAFC appeal if fast tracked from date of
appeal granted. That is if everything goes smoothly and quick decision.
more than likely 12-18 months for entire process and possibly as much as 24 months if things go as slow as possible. The last trip to CAFC took about 18 months total when all the paper towels and pumpers told you 6 months tops...
That is just for t he 101 issue. Once that is completed either its GAME OVER or then it back to court for a DC Judge trial which is still 6 months at least of pre trial stuff left to do. The actual trial should not t ake too long so lets say 6-8 months to get through trial.
Then loser can appeal to CAFC which will be same time frames as above.
Do the math you will see 5-6 years as the worst case scenario. That is IF nothing else bad happens along the way.
I have noticed now more than ever there are people on here who want you to be the bag holders. They say pay more than you have to, whats the difference. They caution you that others will suggest maybe you can buy in cheaper than right now even in the sub .05 range due to MSFT decision is pending, more possible bad news with that and Linden Labs NOT going through with settlement talks. Maybe they won't remind you of the past performance of this stock as it bleeds down over time without any positive news. They will tell you nothing has changed, the patents have not changed they say. Nothing is different. You should just buy these cheap shares and let them unload their shares at a higher price making you the bag holders.
What has changed-
The IP landscape has changed with a shift in political power.
ATVI has a dismissal and a trip to the CAFC is upcoming. That is a long journey even fast tracked and that is time for the bleed to happen, but ignore those facts. Ignore that now the CAFC trip is now dependent on 3 judges ( if lucky they hear the case en banc, but unlikely) and if you go back and read the board during the road to the CAFC the first trip you can work out the odds for yourself. There are some Judges at the CAFC that LOVE throwing out patents on 101 decisions, so they would love to just be able to confirm that decision. So right now the fate of the ATVI case is entirely dependent on being granted an appeal, and in that appeal pulling a good panel. If they do not...99.9999% GAME OVER as the Supreme court will not take this case except for that .0001% chance.
Oh and let us say that the CAFC does rule in WDDD favor, it is possible.
WDDD is more than likely going back to Casper court who has already ruled these patents are invalid. can't imagine she will be on WDDD side, maybe she will be impartial but it is a Judge who by the admission of the pumpers think she went rogue.
and all of you who say the PR did a good job,
Some thought Bungie’s 2015 challenges would put an end to Worlds’ patents, but Worlds persevered and each of the challenged patents emerged successfully with claims intact.
That does not bother to mention that is only because the previous decision in which many of their patents were invalidated was vacated due to BUngie-ATVI RPI issue. Ask MSFT if they think ALL the CLAIMS are intact, and more importantly we will see if the IPR decision holds all of the 501 patents intact.
I have been captain spin, but look at those people who want you to be the bag holders spin, spin, spin today.
Nap how are those buys in the .60's and .70's feeling now?
At the time you paid alm ost twice as much as you should have, and buying today would mean you paid about 10 times too much.
Math is math, paying less is better than paying more. Undisputed fact.
No matter how you spin it.
Wow....just wow...
Incorrect-
CAFC appeal now only is dealing with 101 issue. So that part would not be able to be appealed. Yes patents are valid on 101 issue.
So WDDD wins appeal, trial resumes, no settlement and WDDD wins or ATVI wins the loser can appeal to the CAFC. As at this point for the appeal the case has not been heard yet, it is being dismissed.
That is where the real legal minds can help.
CAFC can be appealed to Supreme court, but highly unlikely they would take the case no matter who wins.
As for if go to CAFC and WDDD wins. That could go a few ways.
1. CAFC rules patents are invalid due to 101 issue.
2. CAFC rules patents are valid and returns to Casper court to resume. Which means NOT directly to trial. still have to finish the pre trial process.
Those are the most likely outcomes, but CAFC could rule that casper is not qualified moves to another court or a few other options but legal minds would have to weigh in on those such as CAFC possibly hearing the case.
A scenario could happen where CAFC rules valid, returns to Casper court, goes through trial and the loser appeals that decision to CAFC whether it is WDDD or ATVI since the CAFC is only dealing with 101 issue.
This I am not sure could happen, but assume it could. CAFC rules valid and ends up hearing the case due to petition by WDDD AGAIN no real idea if that is even possible ask a lawyer which I am not.
So timeline best case scenario is 6 months worst case is 5-6 years just for the ATVI case. The other 2 cases creates a big mess as well.
It is...especially in IP cases.
I have tried to balance out the board as much as I can offer up as much info I can on both positive and negative as does Cadillac. I welcome real and plausible negatives, especially ones I have not considered as I tend to make up my own mind on what the odds of things happening are. The more information you gather, the more informed the decisions you make are.
Dilution now could possibly be a viable negative if the timeframe gets extended out again 2 more years or more. Not saying it will happen, but now that is something I have to consider as well.
A trip to the CAFC comes with its own set of odds to get an appeal, and then the Judge panel selection. So things are far from rosy right now.
There is still a VIABLE path to ATVI settlement or trial.
As such I am assigning odds and if the risk/reward over time ratio gets right I will buy more.
I did not see Casper ruling against us in 101, that was a blind spot for me, being such I did not trim back my holdings as much as I would have liked, but knowing the other risks ahead I also did not raise my holdings with settlement talks as many did. I am not as exposed as many others , but tomorrow will hurt.
Now for a little smile in all of this, at least I won't have to hear there is a settlement with ATVI that could happen any day now.
The PTAB affirmed in their first ruling the validity of WDDD patents on the 101 test. However, this is important, when everyone said wow great job the PTAB gave back all the patents, full reversal, remember all of that..it was all good news, it was a WIN is what the nothing bad can happen here crowd....remember that? I said it then and will say it again, it was not a win. A win would have been CAFC rulings on the validity of the patents as then that is set in stone so to speak. That would have given WDDD a 100% to get an appeal. SO no..this is not a 100% to get an appeal, but there is a VERY GOOD chance to get an appeal.
Well the win did gave back all of the patents since it vacated earlier rulings due to BUngie being RPI. But it appears, which I never even considered till now, that also means the 101 rulings never happened I guess. The MSFT IPR case right now we are waiting on the decision for is using the first rulings by PTAB, but again that is in a District Court where that fiefdom and Casper fiefdom do not rely on each other to make their decisions. Basically its a mess and right now anything could happen.
It will not matter tomorrow.
Tomorrow will see a lot of people all trying to get out and the long holders who have been saying buy buy buy won't have any funds left to buy, so it will drop, then keep dropping.
People will be desperate and will sell at market, and that will crater this as not enough money will pour in to prop it up.
Once all the desperate people are cleared out,
and all of the "bottom fishers" and "market timers" will load up on cheap shares and trade this over the next 12-24 months while we go through CAFC process and the up and downs involved in that process.
But what do I know, nothing bad can happen here, I am just trying to talk people out of shares.
I doubt it as the volume and amount of attention on this stock is minimal
To be fair,
101 issue had passed through the PTAB, and possibly was also raised by Bungie during the CAFC appeal. I would have to go back and read through the filings and decision by CAFC as they may not even have considered it due to the PTAB not doing their job properly was the real issue.
You are 100% rightas each Judge is their own little fiefdom, so casper does have the authority and she exercised it.
This is not dead, it will look dead ....
CAFC will be the death nail if they agree. AND THAT IS DEPENDENT ON WHICH JUDGES WE PULL IN THAT PANEL> and that process is not quick, no matter how unfair people think it is, it is just they way it is.
Because its a Judge, so it is open to interpretation.
The reason WDDD has a strong appeal is that the 101 had already been passed through the PTAB, and if I am not mistaken, Bungie did bring up the 101 at the CAFC as well.
What people don't seem to get is that each District Court Judge is like their own little fiefdom. They can and will rule independently. With the CAFC and then the Supreme Court as the higher powers that rule over them.
People think there will be some sort of instant appeal to CAFC, there won't be. fast tracked is 6 months. I doubt it will be gast tracked, and even if it is, that is 12 months total thereabout got decision, b ut as we already know, it could be longer as there is no set time limit on decision.
This will will be appealed to CAFC, and WDDD has a very strong case with the trips to PTAB and CAFC already. However that is another 12-24 month process. The outcome will be very much determined by which judges they pull, ESPECIALLY in a 101 appeal. I am not sure whether they would pull the same judges, so I will not speak to that with a lot of confidence. Being said I doubt they will as this not the same case as the IPR from Bungie. The IP landscape changed when Biden was elected however.
I did not think 101 would be an issue, hmmm. That is why you prepare for worst case scenarios. That is why you look at what possibly could go wrong, for those who have considered I am glad you prepared, whether you did or di not ..I wish you all luck
Reading through them all now...
There seems to be a lot of optimistic views lately, but I would temper expectations. MSFT IPR decision is still pending. If that goes against WDDD with no actual settlement numbers I I don't see the PPS numbers being thrown around being feasible. Just my opinion of course. Hope you guys are right, but I don't see it. Guess it all depends and what volume is after settlement is announced with PR.
More than 1 person have verified.
Seems like a narrow timeframe there
or buy lots more if conditions are right, you mean like the 2 times it fell down below .40 as predicted?
napkinbie Friday, 02/19/21 03:39:22 PM
Re: None 0
Post #
41131
of 41960
Early in the day I put a portion of my holding up for sale. One order was 222,222 shares at 0.88, and another was 22,000 shares at 0.67. I don't expect these two orders will be filled, but I went ahead and cancel the bigger oders. I have just found out the smaller order was sold. I wonder if anyone here scooped up my 22,000 shares?
Since I did not really want to sell my shares (I just wanted to test the MM and the market), now I plan to get all those shares back (and perhaps a lots more if the condition is right) ... I hope WDDD will stay below 0.67 next week (just for few days so I can repurchase those shares).
P/S
Just got those 22,000 shares back.