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Re: RockyW post# 19765

Tuesday, 09/15/2015 11:04:34 AM

Tuesday, September 15, 2015 11:04:34 AM

Post# of 46483
I'm not an expert or anything on patent cases so it's hard for me to answer your first question. But I would imagine that something like that is a standard move in any patent case, so it should be done. If there is no review requested, it would look like Activision is conceding that the patent is valid. They will not make such a concession. Plus it's another billing opportunity for their defense attorneys. The guess the real question is, how much will the judge care? If I was the judge, I would be asking why such a review was being requested in 2016. Many months after the parties submitted a joint schedule for trial. I would hope that such a request would be built into the schedule, which imo, is not. I think that is a good thing.

As for a trial date, we have a proposed trial date. And I think the court should rubber stamp this proposed schedule. The parties have agreed to a trial date 30-60 days after rulings on dispositive motions, which should be fully briefed and heard in July 2016. So the real question is, when will the judge rule? I would guess/hope by the end of the year or early 2017.

All in all, I think this timeline is a good sign. In my eyes, this is a pretty aggressive schedule. There will be a lot of fact discovery going on between now and Feb 2016. Once that is done, the parties will immediately move into the expert phase. There will be no down time, which I like. It shows both parties want to actively litigate without delay. Hopefully nothing crazy comes out of the patent board that throws a wrench into this.