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Re: None

Thursday, 10/09/2014 12:39:49 PM

Thursday, October 09, 2014 12:39:49 PM

Post# of 46481
I'm trying to understand just the amount of risk with the WDDD going forward from this point and why the hell would ATVI (having the option) would agree to allow the case to move forward.

Agreed, past infringement and limited damages in this current ATVI case but how does the certificate of correction fix the validity going forward. After Judge Casper ruled that the patents were invalid prior to the cert of correction she gave the parties the chance to confer to decide if this case is dismissed or if WDDD should refile a new case. The joint decision was to proceed. My question is why would
ATVI agree to proceed unless the alternative was a worst scenerio? Why wouldn't they have argued for a new case? Seems like ATVI, with the invalidity up to the Cert. of correction was in the drivers seat and could have put this off for years and maybe forever if they forced WDDD to refile. Unless, perhaps, if WDDD were to file a new case, the certificate of correction allows all to be as they should with respect to the validity of the patents back to the original provisional application and ATVI would again be on the defense for a much larger damages period. WDDD's agreed to move forward since WDDD is looking for a favorable judgment in the least amount of time possible, which would cause other infringers to fall in line with settlements.

so what is really confusing to me is why did ATVI agree to move the current case forward and not force WDDD to refile? The judge clearly gave them this option to generate an argument.