Worlds Inc (WDDD)

[22na22]

[QUOTE]

Bungie could have cross claimed the 6 /8 claims ruled valid by the PTAB, they had to file those cross claims challenges within 30 days of Worlds filing the CAFC appeal, they did not are were therefore time barred from filing a cross claim after that 30 day window.

I believe Alpha argued against this many times arguing that it was technically against the PTAB ruling, but it makes more sense that they would have to file within 30 days of the CAFC appeal filing, as to not bring in arguments "at will" aka whenever they want.

As far as a 101 challenge, Bungie could have raised that issue at the initial IPR yet choose not to,(tells you something if they wanted to take as many attack tracks as possible)

That they are dead set on how they want to proceed?

Also - Alpha raises a good point that sua sponte is a possibility, although unlikely. Also, the judges raising 101 sua sponte against VRNG has been dissected ad nauseum here and I truly believe the difference in substance of the claims means that a sua sponte 101 is extremely unlikely at this point.

Bungie could not raise 101 in response to the appeal, they can inly respond to Worlds appeal challenges solely, they can't go on a fishing expedition before the CAFC.

Thanks for all your help as always, Data.