Worlds Inc (WDDD)

[StockAlphaDave]

So there was agreement on Philips? The other poster seems to suggest otherwise.

I would think it (Phillips) was somewhat guaranteed even if the PTAB rules prior to expiration since if they alter the construction to BRI then if WDDD needs to appeal, it will be changed to Phillips regardless at the CAFC.

While the PTAB can do this, in order to avoid conflict (assuming they are acting logically) they would likely use Phillips- and if after nov 15 they must regardless as we know.

Now on your point of claim construction as a whole, it will be in unlikely (IMHO) that some claims are ruled invalid if Phillips is used. Remember the district court has already provided their views via the Markman and under Phillips. Should the PTAB adjust this it will create a conflict the courts dislike very very much. The PTAB has the right to, but again the courts do not like it.

In my view the most likely outcome is binary. Either the PTAB plays fair and we get through clean, or they find a way via some of the points you made to kill it in its entirety, and we all know the law is gray enough that if they want to play the crooked game they can.