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Nothing new out on Pacer just yet. I'll keep checking. If I don't post anything you can assume there is nothing new out. #109 is currently the last document.
The price of gold is very hard to predict these days. The price action is irrational. Playing NUGT and DUST is nothing short of high stakes gambling. Yesterday I went from NUGT to DUST (mid 33's) and have come out okay so far, but I've also been a long ways upside down on these. GLTA. We no we need it!
Here is last item copied and pasted for your viewing pleasure:
109
Filed & Entered: 10/17/2013
Docket Text Order on Motion for Summary Judgment
Full docket text for document 109:
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 10/17/2013 re [83] MOTION for Summary Judgment of Invalidity filed by Blizzard Entertainment, Inc., Activision Blizzard, Inc., Activision Publishing, Inc. Arguments. Court takes under advisement [83] Motion for Summary Judgment; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Max Tribble and Ryan Caughey for the plaintiff. Gene Lee, Jesse Jenner, Blake Greene and Matthew Moffa for the defendants.) This hearing has been video recorded as part of the Cameras in the Courtroom pilot project hosted at http://www.uscourts.gov.(Hourihan, Lisa)
I checked Pacer just now. There is nothing new out. Document #109 filed yesterday is the last document.
Expediter,
Are you really in the courtroom for the hearing? If so, great. Keep us posted on what happens. I didn't think they allowed mobile devices in the courtroom so I assume you were just kidding.
She may rule anytime from right in the middle of the hearing (she might wait to see if she hears anything not already on paper, and if she hears nothing new, render her verdict immediately as she probably already has a pretty good idea of her verdict) to a week or two later. This case has been before her for quite some time, so my thoughts are she rules rather quickly. This is certainly not a new case for her, and she likely knows many of the details by now.
People want in. After all the gamemanship and fiddling around outside the courthouse, WDDD will finally be heard in the courthouse, and people know what this means: it means arguably the best patent litigation firm gets to speak to the issue before a judge. Less than 3 hours to go! This is what we came for.
Patience pays.
Only three hours to go until start of MSJ hearing! What an exciting time to own WDDD! WDDD finally gets its day in court. Congratulations to all the patient longs; today, with Susman Godfrey defending us, should be a watershed event in our favor.
Cheers all. See you on the other side.
If Judge Denise Casper throws WDDD all the way under the bus (which I don't think will happen), granting the MSJ, WDDD will re-file another lawsuit with the USPTO corrections in place. Thom Kidrin has stated that. In the case she grants the MSJ, the stock is not all of a sudden worthless, because the merits of the case concerning infringement still stand, but the case is delayed. There is a difference between a case delayed and a case destroyed. I would guess many investors will hit the exits running, but many of us will stay and accumulate their cheap shares and wait for the new suit. I say that in this scenario the price per share drops to .12-.15 or so.
If Judge Denise Casper denies the MSJ (and I think she will), and schedules a Markman hearing (as has been requested by WDDD) to take place sometime in the next 1-2 months, the share price might hit record highs, though I think it will hit somewhere between .35 and .45, with the price/share increasing gradually the closer we get to the Markman hearing.
My prediction (remember: all predictions are a fool's errand, so now that I say this it will surely not pan out this way; and I am a fool for doing it) is she will deny the MSJ, letting us know sometime next week, and will at that time schedule a Markman hearing (since that request has been on her desk for quite some time now) to take place within 3-4 months. I guess the share price settles in somewhere in the low .30's or high .20's prior to the Markman run-up. JMO
This is a very positive catalyst in that the judge is free to schedule a Markman hearing which we can know will take place. I know a couple people who opted out of investing in WDDD for the very reason that a government shutdown may hinder the courts from allowing the case to be further prosecuted.
The main problem we have now is all the scenarios have been hashed out, mentioned, and considered, and the risks have been weighed for quite some time. And we wait. By now, those in are in, those out are out, and those on the sidelines are probably going to stay on the sidelines. Probably no new information will be discovered between now and the MSJ hearing.
Cheers all.
Hundreds of millions of dollars stand to be won by WDDD, and the market cap is right now at 17.5 million. Looking for that gap to close soon.
6.5 trading hours until start of MSJ hearing. About 7.5 trading hours until hearing is over!
Trying to load up a bunch more shares, aren't you? Just buy them for a fair price on the ask and leave other investors alone.
What if you're the one who doesn't get it?...does that mean what you said is wrong? Or, even if you don't get it, is everyone else still wrong and you alone right?
WDDD will finally have its day in court tomorrow...get ready for fireworks of the celebratory kind. We'll know a lot more tomorrow...
"RUNNERS: Get Set,..."
Tomorrow is our day!
I'm not expecting overly much either, but let's just say a DENIED MSJ will prove catalytic by 10-30% or maybe more, and the anticipation of a Markman hearing scheduled will keep interest in WDDD at a high level until it is scheduled. One thing we can all agree on is that volume, and likely volatility, will be increasing dramatically in the coming days. All predictions will be somehow wrong, but as of right now, I would not rather be this heavily invested in any other stock. The risks are most certainly there, but the chance for success is high. I like our odds.
I share your butterflies. A little nervous with so much skin in the game, but it's a good nervous. More anticipation than nervousness.
Suit yourself. I have not touted much by way of run-up. Increased volatility I am confident of, but not a run-up. It may or may not happen tomorrow or Thursday, but a DENIAL of the MSJ will most likely give us a substantial run-up.
Cheers all.
Only 12 more trading hours until the MSJ hearing begins. Likely by the end of Thursday's trading day our accounts will have taken a major spike up; if not by then, then by end of week. Cheers all...exciting times are finally here.
The nice surprise for longs is the MSJ will be a catalyst. Assuming Judge Denise Casper will deny the Motion for Summary Judgment, the result will be a rather dramatic rise in share price, and if she schedules a Markman hearing, the rise will be even greater. Right now is a great time to own shares of WDDD. There is risk, but at these prices the rewards possible outweigh the risks possible. All in my opinion. Thursday afternoon cannot come soon enough!
Indeed.
"RUNNERS: On your mark,..."
EDVA patent blog
Reminder: Summary Judgment Hearing in Worlds v. Activision Case Next Thurday
11
OCT
At 2PM next Thursday in Boston, Judge Denise Casper will hear Activision’s Motion for Summary Judgment arguments to grant the motion and Worlds arguments for why it should be denied. We have received quite a few emails and comments about the case in the past several days. To a considerable degree this is a “bet the ranch” motion for both sides. We have previously opined about the reasons we think the Judge will not grant this motion. Having said that, we disagree with those who argue that the certificates of correction received by Worlds mean the MSJ is now a foregone conclusion; it doesn’t. The Judge may still decide to grant the motion and while it is based upon a highly technical argument there is case law upon which she may draw. We have often been criticized for painting too rosy a picture so to be quite blunt we consider a “grant” of the motion by this judge as disastrous to Worlds… so much so that we see the stock falling into the mid-single digits (cents) quickly in such an event. So to all investors, that is your risk warning.
The flip side of this is that (again as we have said before) ATVI’s bringing this summary judgment motion now makes it much more difficult, and far less credible, for them to bring another MSJ later in the case. The Judge will rightly ask why it was not brought earlier when ATVI decided to make its ”all or nothing” motion as it stands today. It is our view that this case hinges on this priority date being upheld. Simply put, if it holds, we feel Activision’s defense, based upon the prior art it has submitted, is a loser. For added protection should they not prevail in this MSJ quest, Activision has filed an infringement action against Worlds Online Inc. and Worlds Inc. in the Central District of California. We view this as little more than a distraction aimed at chipping away at Worlds Achilles Heel which is lack of funds. We believe it is in Susman Godfrey’s interest to defend Worlds in that case but to a considerable extent that is background noise to the main event that will take place next Thursday. Some may ask what will happen to the value of the underlying Worlds stock should they prevail and to that I can say that we have no idea. If those following and/or invested in this stock are truly doing their homework then the case can be made for it to reach a new high. Time will tell.
Nice buy.
I would take 70-100% gain...
Here's hopin' yur rite.
Entered at 38.61. By next week I will know if this was a good or bad move.
I'm looking for an entry point. Anyone have an educated guess about one? Is the mid-39's good, or should I wait for something lower?
Less than one week away. After today there are 3 trading days until October 17. The exciting times we have been waiting for are soon to be here.
1.5 weeks until MSJ hearing. Our time is nearly here.
How do you know the judge denied that motion? There is nothing out on Pacer about it. The last Pacer is #108. Did the judge rule on this and not let the courts know? Thanks in advance.
Yes. Not many shares right now, but holding from $46.55.
Legal minds could better answer your questions, but here is what I see:
1. The ATVI lawsuit is a separate lawsuit, and therefore a separate issue altogether. It will be treated as a separate case. The location is different; the courtroom is different; the judge is different; and the lawsuit did not register on Pacer under the lawsuit filed by WDDD. Therefore, it is a separate lawsuit altogether.
2. The way ATVI could postpone a Markman hearing is by doing what they did this past June: file another MSJ hearing. But as I said, that gun soon runs out of bullets. In my opinion, the Markman hearing WILL take place; the question is WHEN it will take place.
3. There is currently no Markman hearing scheduled; the MSJ hearing is scheduled to take place in 1.5 weeks. If a Markman is put on the calendar for Oct. 17 or another date, this is a huge win for WDDD. I don't see how the Markman cannot be scheduled, but I assume that possibility exists. And if that possibility does not exist, then that is all the better for WDDD.
4. The new lawsuit by ATVI is a strategy on their part. WDDD has no money (in comparison to ATVI!), so ATVI stands to win nothing from the lawsuit. It is nothing more than an attempt to rattle Thom Kidrin and WDDD.
Volatility and excitement will be here to stay for a while! Get ready folks. Cheers all.
The Markman hearing is the one event which all investors should focus on. ATVI will continue to do everything in their power to avoid a Markman, but there are only so many bullets in that gun. The newly filed lawsuit puts pressure on Worlds, but a scheduled Markman hearing would put tremendous pressure upon ATVI. In short, the Markman hearing is the pivot point of the whole drama: if it is scheduled and held, ATVI is in trouble; if it is successfully avoided, WDDD is in trouble. Keep your eyes on the judge's decision to schedule a Markman hearing. We will know the verdict soon.
I am not a moderator, but if my vote means anything, I say spruce it up in good MarkmanRunup fashion. If you make the intro half as good as your top ten reasons video, the stock price will rise 20% upon its launch!
Expect to hear from the judge soon. Her pacer document history shows she decides matters usually the day the last response is filed, or the day after.
All ATVI did was rehash their old argument which WDDD already rebutted. Now we wait for the Judge to make decisions and set dates.
The Pacer is ATVI's response to WDDD's request that the Markman hearing be coupled with the MSJ hearing on October 17 or be scheduled as early as is feasible.
The Judge's gavel should hammer down purdy soon.
Pacer #108 came out last night:
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
WORLDS, INC.,
Plaintiff,
v.
ACTIVISION BLIZZARD, INC., BLIZZARD ENTERTAINMENT, INC. and ACTIVISION PUBLISHING, INC.,
Defendants.
Civil Action No. 1:12-CV-10576 (DJC)
DEFENDANTS’ RESPONSE TO PLAINTIFF’S NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Defendants Activision Blizzard, Inc., Blizzard Entertainment, Inc., and Activision Publishing, Inc. (collectively “Activision”) submit this response to Worlds, Inc.’s (“Worlds’”) Notice of Supplemental Authority in Opposition to Defendants’ Motion for Summary Judgment (“Notice”) (D.I. 107).
Worlds’ Notice refers to the USPTO’s recent issuance of certificates of correction for U.S. Patent Nos. 6,219,045 and 7,181,690 (“Certificates of Correction”). That was an expected event that has no effect on Activision’s summary judgment motion. Activision expressly addressed that contingency in its reply brief in support of its Motion for Summary Judgment (“Reply”):
However, any certificates of correction that Worlds may obtain in the future will have no effect on Worlds’ [infringement] claims in this case. The very case cited by Worlds in support of its assertion that the PTO can correct errors holds that “certificate of corrections issued after the commencement of [the] litigation do not have retroactive effect.” Adrain, 2001 WL 740542 at *5. This is because the statutory provisions for certificates of correction state that they apply only to “the trial of actions for causes thereafter arising.” See 35 U.S.C. §§ 254, 255. Thus, the Federal Circuit has concluded that a certificate of correction issued after the filing of a lawsuit “is not to be given effect in [a] pre-certificate lawsuit.” Southwest Software, Inc. v. Harlequin, Inc., 226 F.3d 1280, 1294 (Fed. Cir. 2000); Novo Indus., 350 F.3d at 1357. This rule has been reiterated by numerous district courts. See, e.g., Radar Indus., Inc. v. Cleveland Die & Mfg. Co., 632 F. Supp. 2d 686, 693 (E.D. Mich. 2009); STmicroelectronics, Inc. v. Motorola, Inc., 327 F. Supp. 2d 687, 700-01 (E.D. Tex. 2004); Intel Corp. v. Altima Commc’ns Inc., 275 F. Supp. 2d 1236, 1255 (E.D. Cal. 2003); Karol v. The Burton Corp., 234 F. Supp. 2d 450, 452 (D. Vt. 2002); SDS USA, Inc. v. Ken Specialties, Inc., No. 99-cv-133, 2002 WL 31055997 at *23-24 (D.N.J. Aug. 28, 2002).
D.I. 91 at 13 (emphasis added); see also generally id. at Section II.D. (pp. 13-15).
Beyond submitting the Certificates of Correction, Worlds’ Notice merely rehashes the arguments regarding the impact of their issuance that Worlds made in opposition to Activision’s Motion for Summary Judgment and to Activision’s Motion to Continue the Markman Hearing, all of which were before the Court prior to its decision to continue the Markman hearing. Compare D.I. 107 at 1-2 with D.I. 89 at 20 and D.I. 97 at 3. Indeed, the two cases cited by Worlds in its Notice were addressed in Worlds’ Opposition to Activision’s Motion for Summary Judgment, and distinguished in Activision’s Reply:
In DuPont, the patentee sought a certificate of correction before filing the lawsuit, not after. See DuPont, 525 F.3d at 1355. In Inland Paperboard, the Court never considered the question of whether a certificate of correction has retroactive effect. Inland Paperboard & Packaging, Inc. v. Sihl GmbH, No. 1:02-cv-1623, 2005 WL 1528240 (S.D. Ind. June 21, 2005). Indeed, the defendant in that case failed to raise this point. Hong Ex. 38.
D.I. 91 at 14 (emphasis in original).
At the end of Worlds’ Notice, Worlds also rehashes its request that the Court combine the Markman hearing with the October 17 hearing for Activision’s summary judgment motion. That request was already considered and rejected by the Court, with the Court acknowledging the parties’ differing views on whether Activision’s summary judgment motion can dispose of this action:
Although the Court recognizes that Worlds disagrees that a ruling in the Defendants’ favor will be dispositive of this case, D. 97 at 3, the Defendants’ position is that it would be and, therefore, addressing the pending motion first would be a more efficient use of judicial resources. D. 96 at 7. In light of the arguments raised in Defendants’ motion for summary judgment, the Court GRANTS the motion to defer any claim construction hearing until after the resolution of the pending motion, D. 83.
D.I. 99 (emphasis added). The issuance of the Certificates of Correction did not change anything. Activision maintains that a grant of its summary judgment motion will completely dispose of this action, and Worlds continues to argue that a summary judgment in Activision’s favor will not be case dispositive. Because the circumstances underlying the Court’s decision to continue the Markman hearing remain as they were before, the Court should (1) deny Worlds’ request to combine the Markman hearing with the October 17 summary judgment hearing and (2) revisit the scheduling of the Markman hearing, if necessary, after resolution of Activision’s summary judgment motion. See id.
Dated: October 1, 2013
Respectfully submitted,
By: /s/ Blake B. Greene
Blake B. Greene (BBO #681781)
ROPES & GRAY LLP
Prudential Tower
800 Boylston Street Boston, Massachusetts 02199-3600 (617) 951-7000
blake.greene@ropesgray.com
Case 1:12-cv-10576-DJC Document 108 Filed 10/01/13 Page 3 of 5
-4-
Jesse J. Jenner (pro hac vice)
jesse.jenner@ropesgray.com
Gene W. Lee (pro hac vice)
gene.lee@ropesgray.com
Brian P. Biddinger (pro hac vice)
brian.biddinger@ropesgray.com
Kathryn N. Hong (pro hac vice)
kathryn.hong@ropesgray.com
ROPES & GRAY LLP
1211 Avenue of the Americas New York, New York 10036-8704 T: (212) 596-9000
F: (212) 596-9050
ATTORNEYS FOR DEFENDANTS, ACTIVISION BLIZZARD, INC., BLIZZARD ENTERTAINMENT, INC. AND ACTIVISION PUBLISHING, INC.
Case 1:12-cv-10576-DJC Document 108 Filed 10/01/13 Page 4 of 5
-5-
CERTIFICATE OF SERVICE
I hereby certify that the foregoing document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) this 1st day of October, 2013.
By: /s/ Blake B. Greene
Blake B. Greene
Case 1:12-cv-10576-DJC Document 108 Filed 10/01/13 Page 5 of 5
Very little resistance!
Only a matter of time.
About 2 weeks until October 17 MSJ hearing. Things are looking good here. Can't wait to read the Judge's rendering: MSJ DENIED!
Cheers all.
what mess? TIA