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Re: AlphaInvestor8 post# 26157

Friday, 08/18/2017 10:40:36 AM

Friday, August 18, 2017 10:40:36 AM

Post# of 46500

Alpha: It appears I was correct and there are only six remaning, our friend the self proclaimed patent expert who's really a swing trader was incorrect, that's the first point.



Alpha: "Great and your point is what? 6 vs 8 makes a difference when 50 claims were killed? Worry more about materiality -that matters more than 6 or 8 guy."



Let's stick with the second point - the number doesn't matter. I 100% agree with you that it's the amount of $ from each individual claim that can potentially be sent from ATVI to WDDD that matters. My only counter (I'm not disagreeing with you at all) is that getting even 1 or 2 claims was the biggest hurdle of all, and is a win in itself. Any additional claims are simply increasing the likelihood and potential amount. Susman & Godfrey did not do their projections based on 50 claims being validated. I can guarantee you that. But neither you or I at this point can really speak to the 6 claims remaining. When I have more time (perhaps this weekend), I want to dive into the claims remaining and separate the pivotal ones from the "supplementary" ones. From what I remember, WDDD's main claims that ATVI has been infringing upon the 3D world and technology that allows users to chat and interact (i.e. the entire premise of the case to begin with) still exist. Much of whatever remains is largely immaterial/irrelevant and always has been.

Did we ever get a consensus on the cross-appeal? Either way, WDDD and Susman and Godfrey made the calculated decision to appeal the invalidated claims as to head into the court with more ammunition. IIRC, WDDD cannot lose claims at this stage as they are appealing the invalidated claims and the time for cross-appeal has expired, but I could be wrong.

Thanks.