I understood your points but will clarify mine.
- I realize there is appeal risk, time delay etc that would make a conversation on a buyout worth having but you are missing some key issues.
- firstly, if we get through the PTAB unscathed or relatively strongly, the ability to lose in court is diminimus given the Markman, I would venture to say almost impossible.
- on appeals, the issue becomes an issue of on what grounds, this is the issue you are ignoring. With a PTAB ruling and district court ruling in our favor there's is little here to appeal on that could plausibly win for bungie - atvi. Ie there's no Alice - 101 nonsense can that come into play as it did w VRNG. As a result, understanding this, which Kidrin and his legal team do, decreases their desire or need to accept a buy out based on your Percieved issues of risk.
- secondly, your view on value again doesn't consider how companies evaluate offers. They don't look at it and say wow that's a huge gain! Let's sell. They VALUE the COMPANY based on future earnings (in our case - earnings are the estimates of damages) discount it back and then look at the offer relative to that value. Now in that process they will consider the risks you spoke of and evaluate what they believe that risk to "really" be, but they will also consider as I said, the effects on winning in court and how much that could be, what happens if they get the "chain issue" corrected where they can reach back 20 years, damages for wilful (which are guaranteed here given the notification), and as importantly the other many many many infringers out there.
- when they consider all of that, a buyout at your 1.50 is so low that they would be facing a class action as I said.
The only way a buyout at $1.50 would occur is prior to the PTAB ruling. I 100% guarantee there will be no buyout at such a low level.
