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Thank you....so June 3 2021 is an important date as well...
if they accept the IPR.. bank on ATVI asking for a stay pending resolution.
Case 6:20-cv-00872-ADA Document 22 Filed 12/04/20 Page 1 of 12
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION
§ WORLDS INC., §
DEFENDANT MICROSOFT CORPORATION’S OPPOSED MOTION TO STAY LITIGATION PENDING INTER PARTES REVIEW OF THE PATENT-IN-SUIT
This action presents an extraordinary case for a stay pending inter partes review (“IPR”). It involves an expired patent already found unpatentable in an IPR vacated by the Federal Circuit only because it found that the petition was technically barred due a real-party-in-interest issue. The identical—and successful—grounds from that earlier petition are now before the Board again in a new petition that lacks the earlier procedural defect. Moreover, the patent-in-suit is subject to an additional ground in the IPR petition and a pending summary judgment motion for invalidity under § 101 in co-pending litigation in the District of Massachusetts. The patent is expired, so Worlds will not suffer prejudice from a stay. This case is in the very earliest stages; Microsoft filed its IPR before it filed its Rule 12(b)(6) motion to dismiss the complaint. The institution decision is due by June 3, 2021, and the final written decision will issue by June 3, 2022. Even given the speed of this Court’s typical case schedule, the final written decisions will issue at least contemporaneously with—if not before—the anticipated trial date.
The ’501 patent is invalid. The only outstanding question is what jurisdiction—the Patent Trial and Appeal Board (“PTAB”), the District of Massachusetts, or this Court—will be the one to confirm invalidity again after the PTAB’s earlier decision was vacated for non-merits reasons.
Plaintiff,
v. § MICROSOFT CORPORATION, §
§ Defendant. §
CIVIL ACTION NO. 6:20-cv-872-ADA
Yes but it has not been granted yet...
If it is, watch what the PPS does here, it will fall quickly.
I know people will say..but we will get fast tracked, we where fast tracked on CAFC that took 18 months.
The pumpers don't get it..they just don't. They get tunnel vision and see only what they want to see.
I encourage everyone to buy shares, I want the price to go up, but blind pumping and listening to blind pumpers is how you lose lots of money.
IP plays are not exactly linear nor are they the usual buy and hold regardless of what happens stocks. The landscape can change quickly, and the PPS can rise or fall dramatically.
You and those who have played in IP for awhile know.
If the price goes down, yes I will buy, if the price goes up, probably will buy some more, but that is based on what is happening right now,
but I refuse to let blind pumpers just tell you this is a sure thing, buy all you can, you can't lose...so the more criticism I get the louder they shout, the more I post.
:)
BUt honestly it is a good idea to ONLY look at the positives, never weigh the possible negative outcomes. That is what the pumpers here want you to do...
I have stated numerous times..there is money to be made here.
I own shares, have been around 10+ years as well.
Been extremely accurate on time line issues,
Have moved in and out of the stock making money
mitigating risks, yet I am captain spin.
The only person that is talking about both positive and negative outcomes.
I don't pump the positive as there is already enough of that here.
You only want to see positive spin, then block or ignore me.
I was quiet for a very long time as there was nothing going on, as timeline came back into focus as the case progressed I returned...
BUt there are real risks that the timeline could go back to years not months, the finish line could get moved again further down the line.
"Oh no, that won't happen, its been so long, blah blah blah,
it is the way the legal system works...
Oh yeah..and the standard..you gotta be in cause a settlement could happen any day now talk will always be popular, that is the pumpers working you.
There is no settlement about to happen any day now with ATVI...not gonna happen before July 100% guarantee that
Might want to look up this person. On Biden transition team, would could directly influence who is new leader at PTAB, which is a big deal.
Colleen Chien of Santa Clara University School of Law has been chosen to join President-Elect Joe Biden’s 20-person review committee for the Department of Commerce, which includes oversight of the United States Patent and Trademark Office (USPTO). Agency review committees are tasked with looking at an agency’s operations to report to the new administration on issues they are facing, regulations or staffing needs, or industry trends affecting the agency.
Professor Chien previously served in the Obama White House from 2013 to 2015 as Senior Advisor on Intellectual Property and Innovation to the U.S. Chief Technology Officer in the White House’s Office of Science and Technology Policy.
https://www.ali.org/news/articles/colleen-chien-named-bidens-transition-team/
Some considerations under a Biden Administration include:
Likely replacing the current United States Patent and Trademark Office Director, Andrei Iancu, with someone who may be less pro-patent and more accommodating to patent challenges before the Patent Trial and Appeal Board, particularly as it relates to discretionary denials and patent eligibility.
https://www.bakerbotts.com/thought-leadership/publications/2020/november/considerations-for-a-biden-administration-intellectual-property
I love my haters.
I have been honest and open.
I have shares, I think the reward outweighs the risk, but I prefer to stay informed about the risks not stick my head in the sand.
If there is an IPR filed somewhere I will sell out, and rebuy back in when cleared the PTAB which I have done before as PTAB is the most serious challenge for WDDD.
“Biden’s campaign platform discusses the protection of American IP from foreign actors abroad, but there’s no indication that he’s willing to take on what Gene Quinn termed the ‘willful dismantling of the U.S. patent system’ for the benefit of the enemy within, those ‘handful of politically well-connected companies’ that were so helpful to Obama’s own political ascendancy.”
https://www.ipwatchdog.com/2020/11/05/as-biden-presidency-nears-concerns-over-return-to-obama-era-ip-politics-loom-large/id=127100/
Not too mention if an IPR does get filed, Casper might stay the case pending on IPR resolution which is what happened during the BUngie IPR.
You want real actual possible serious downsides, I can post all day.
Because I actually look at the possible negative scenarios.
I mitigate risk.
Subject matter eligibility under 101 is likely to remain a hot-button issue, as well as the recent rise in the PTAB’s discretionary denial of IPR petitions. While the former director was seen by many as being too “pro patent,” a focus on patent quality arguably serves both high-tech and pharma companies."
https://www.cozen.com/news-resources/news/2021/the-right-choice-ip-stakeholders-emphasize-practical-experience-strong-ip-advocacy-in-next-uspto-head
PTAB was a death squad for a long time, change of director changed the landscape there,and Biden was in Obama administration, and that was very unfriendly towards WDDD and other similar companies
Well then you will ove me now. Y0ou got me fired up this morning.
WDDD facing possible IPR's which means possible trip back to PTAB.
We all remember what the PTAB was under Michelle Lee.
Biden has not implemented any changes yet, but that could prove disastrous.
Interim leader of PTAB until someone gets appointed, and the leader of the PTAB is important. Go look at the changes in how patent owners where treated differently for each of the last 2 directors
https://www.ipwatchdog.com/2020/11/12/facing-consequences-bidens-transition-team-concern-ip-community/id=127279/
After Biden is sworn in, Iancu will most likely depart and the USPTO will have an interim leader. But "acting directors aren't in a position to launch any policy initiatives," Matal said, so there may not be any significant changes until later in the year.
https://www.haynesboone.com/articles/matal-on-patent-policy
Well it is a public forum, and just because you don't want to talk or discuss does not mean NOBODY does.
I have been around as long as you or anybody else has.
You are right, they did not.
Won't settle for a small amount, but can't determine what a jury award is...
I did not say it is a high probability, just a possible scenario.
A scenario a lot of people have not envisioned, or simply don't want to.
I know a few people hate seeing my posts when I am not 100% green skies ahead, I simply prefer to look at as many possible scenarios as I can, apply odds to each of them, and invest accordingly.
For anybody who wants to watch the court appearance a long time ago..
get idea of how Casper operates, who sge is if haven't looked into her
https://www.uscourts.gov/cameras-courts/worlds-inc-v-activision-blizzard-inc-et-al
right now we have implied value for IP, which is highly debatable
a settlement or win puts an actual value on that IP.
So there is a possible scenario where WDDD wins, but gets a very small
award at trial. Every infringer's lawyers will make the case that it is not as an integral part as WDDD make sit out to be.
So there is a very broad range of possible values put on IP...
That is what is part of the exciting nature of IP plays,
as that settlement or trial draws near, people start buying up shares
betting not only on the possible outcome, but the possible value of the IP. There is a very high implied value on WDDD Ip as there should be, but nobody knows till that first settlement or jury award.
ANy positive outcome adds another layer of legitimacy to WDDD.
Each new layer adds value.
Honestly it is why a long of us been around premarkman got into was Triblle and S&G.
So many have added so much because all of the dd done here. It is extensive.
That and all of the delays have allowed a lot of people to amass large amounts of shares they would not have been able to otherwise.
Waht new investors don't get is, the base of longs here....
have gone through a year delay because of WHitey Bulger Trial,
Then IPR from BUngie, so trip to PTAB , Then appeal to CAFC, then a remand back to PTAB, while also going through a reverse split along the way. lomg spurts of slow bleed and people gobbling up cheap cheap shares over long periods of time.
Thorugh all of that, a lot of poeple just kep adding...and adding...
I was not one, I added up to second PTAB trip, sold out, then rebought back in...
but of you go look att price hostory for the last 10 years, it has been roller coaster,
Depends on the outcomes.
I think ATVI really doesn't matter if first to fall or not,
They went after them first, 2 highest grossing games for the longest time in MMO space, had willfull infringement on them. Biggest possible payaday really.
Any win or settlement adds tremendously to the value of the company and its IP to the stock holders, gaming community, and legal community.
Its possible but like many I think they have already worked out something with Bungie. The only reason that makes sense as to why they didn't file on them already. Of course that is speculation on my part.
I am under the opinion ATVI won't settle till courthouse steps at the earliest. again..just my honest opinion.
And for the number of shares to be traded, and the rise..easiest thing to look at was when we spiked to .69 that one day a few months ago..that was on about 5.5 mil volume.
I think BUngie settlement/license agreement is more likely locked and loaded for ATVI resolution as currently there is no market value set on WDDD IP. ATVI resolution sets one.
They can file on BUngie if need be any time, they don't have to worry about an IPR suit with them.
BUngie may have a settlement or license agreement all worked out contingent on the resolution of the ATVI suit, and possibly with their help.
And nobody will be doing any settlement till the 101 issue is resolved, and more likely till resolution of ATVI case.
We all think a loss at trial would be some big numbers on damages awarded, but lets say Casper doesn' t see it as integral and only a very small sum is awarded. So the trial/settlement serves 2 purposes.
1; Validty of patents and able to prove that companies are in fact using their IP
2. To set a value on that IP.
One reason they do go ahead and file suits...
IPR clock starts ticking.
67,500 actually.
500k would mean i had $250k in this right now....
that is way more than I would have in any position, especially
a penny stock that does not pay a dividend..
This will only tighten more over the course of this year...
a lot of very deep longs hold a lot of shares...
A LOT.
once volume comes in..this will run strong, and sustained volume will run high quickly
100% agree
Everyone would...
you really want to think about some things then just google
Changes at the PTAB.
Being as WDDD might be facing IPR challenges, that is important.
See what I mean....
Simply cautioning some of the new investors here to do the research, see what all of us see, buy in having a plan, and know the ride might be short and sweet for you but also might be long and drawn out.
The earliest we see a trial date is Fall now Sept. probably the earliest, but with the delays and changes, and who knows what could happen, it is feasible this might not see a court date set till 2022.
Still my honest opinion that this will not settle before that actual trial is even set...
so prepare for worst case scenario mentally, hope for best case.
worst case scenario right now which is highly unlikely I would put at less than 1% chance. 101 ruling goes against us and an appeal is started. The appeal process is 12-18 months to complete.
All of that is true, simply running through possible scenarios is all. Looking at what possible delays before big payday happens.
There are a lot of what ifs out there is all I am saying.
WDDD might not ever settle. They may just say we got you dead to rights, and we won';t take less. If new IPR's are filed though, and the landscape changes again with the Dems back in control, now more scenarios emerge as to ATVI willingness to settle for any substantial amounts
The last 4 years Trump has been in office, the landscape changed a lot.
Look at what it was like the previous 8 years during Obama.
I obviously think WDDD is a money maker as I have well above 50k shares as of right now, which is less then I once had, but still fairly substantial investment to risk. I do feel good about that and will be looking to possibly add more depending on price action the next few months.
My main point is that nobody should simply expect this to be cut and dry, WDDD wins money, big money and soon. Me, you and other long term holders/investors/gamblers/longs what not have been through the roller coaster ride, we see the finish line ahead, but we have seen the finish line a few times only to see it moved back a little further.
I did not buy in pre marksman and anticipate I would still be involved with this stock some 10+ years later, but here I am...
All of the DD is out there to read, I know there is money to be made here, it is why I am still here. :)
To me it is not a matter if, but when, and when has been the biggest issue for a LONG time...
You can say that, but that is a possible scenario with much better odds than WDDD losing 101 motion with Casper.
If you have not learned yet, there has been so many unexpected stops along the way. Nobody saw a 2nd trip to PTAB coming. It wasn't even discussed really till it happened.
Many people over the years have said...settlement could happen any day, and it theoretically could happen any day, but it won't be with ATVI till the earliest ---
actual court date set for trial and the latest after a loss and at the court house steps of the appeal.
I don't care, I have a plan, I am good...of all of that does happen, just means can make money on this even longer. Money to be made here all along the way.
GLTA...but know ATVI lawyers are looking at all possible scenarios, and it is cheaper to pay lawyers than it will be to pay WDDD
Appreciate that info...
and yes Data is a pretty trusted source.
Used to slow down, but if they find new info, file IPR, it gets granted, simply saying ATVI will be in no hurry to settle.
SO 1 scenario which is possible IMHO is set trial, they lose at trial, file appeal, if IPR have been filed, then appeal is on hold till IPR gets settled,If WDDD lose IPR for some or all Patents, ATVI on the hook for less or even nothing,
I by no means say this is the only option, just an option that MIGHT occur. 'I will get shouted down I am sure, but this is a possible scenario among many.
ATVI lawyers all are going over all possible scenarios to delay or even get out of paying WDDD any money. There have been settlement talks I would assume along the long road we have been on, just can't imagine the sides are close.
Been a lot of unforeseen delays along the way as well, so wont be surpised if some other reason pops up...
Crazy crazy path for a very long time now, but lots of places to make money all the way through.
:)
Appreciate it, see this is stuff that should be updated on main page...
anyone have a link handy for the most recent calendar?
Right now it is the largest concern.
By FAR.
So understand why you are hesitant.
I was a 100% long, but sold all shares on second trip to PTAB, as the PTAB was the biggest concern. That hurdle has been cleared. Once cleared I bought back in, not as many shares as I moved profits into other places, but have been slowly adding along the way, and will add again if this drops down under .36, which I think it will at least 2 more times,
Like you I told anyone that would listen, there woul dbe no settlement any time soon, heard that it could be ANY DAY for years now,
it will not. They say of they loose discovery, oh then settlement talks could be any day, again...NO...
there will be no settlement at all before an actual court date is set to start trial...the odds are there will ve a settlement at some point, but that could be anytime AFTER trial date set and before a second trial date on appeal...I would not put it past them to go to trial, lose, appeal, and the settle if nothing else has changed...
with suits filed against Microsoft and Linden Labs, I am not 100% on this, but can't they file IPR suits? If they do, ATVI could wait till those are settled first before settlement talks, because if either one wins those suits,....ATVI saves money...or pays no money if they end up with WDDD patents invalidated.
I am not saying this will happen, simply saying, think through what is possible, I know ATVI is...
You good...not everyone 100% green skies ahead...
Anybody who doesn't tow that line takes flak here, plain and simple,
Just do you....
there is money to be made here and in many different ways.
I wouldn't worry about it.
The base here is strong, been building for 12 years essentially.
Anybody that is a long term person here will just hold or sell and simply buy back in again, but get more shares with profits,,,the finish line is getting closer, we simply await that calendar before this gets into load up and launch mode,
Even the investors who sold out along the way, most of them, still watch this...a bunch of money is still sitting on the sidelines waiting for that calendar....
As a long time member and also around pre mrskman, I value everything you do Quilt...you add a lot to the board... A LOT
I would not worry about it, if you are not 100% drinking the cool-aid, some get defensive or aggressive.
.60 - .75 if anything at all, but really depends on where we are before that many people have gotten in at so many prices, but .70 us a double for anybody who bought in at .35. .75 a triple for anybody in at .25 so it won't shoot up full parabolic as there will be some sells that keep the lid on this, but volume will go up as that will draw in some MOMO, Day, and swing trader
I do not personally worry over the 101 as PTAB and CAFC both could have kicked this for 101, and did not. rarely does a Judge want to go against 2 higher court rulings and go out on there own, Casper follows protocal and procedure, she crosses the T's and dots the I's. IMHO Casper is just getting everything air tight.
Yeah that us going crazy at the moment. Got Gamestop shorts hosed, short interest is 140% and people buying up shares, it might go crazy crazy if they fet everyone to actually hold...retail trying to bankrupt hedge funds that went overboard on shorting...unique situation...