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Wednesday, August 30, 2017 12:40:53 PM
The logic as I understand it from Susman has been" with a shifting legal climate more towards patent holders, 101 challenges being denied, the Wifi case under en banc review and SCOTUS taking up the constitutionality of the AIA, they determined it best to see if Worlds can recover some of the invalidated claims which address some of the issues raised in the other court cases. there is nothing to lose and everything to gain" If susman didn't feel the validated claims that they selected for prosecution were not worth anything then they would have withdrawn from this case.
To suggest that Bungie didn't cross claim because they knew these claims were worthless underlies the fact that they tried to invalidate them in the IPR and failed, they have no solid basis for a cross appeal and realized they would lose which would undercut their chances in front of the CAFC of arguing to maintain the invalidity on the appealed claims. This was a tactic determination by Bungie to take their best shot and not spend time on a losing argument that might effect their chances to be have the appealed claims reversed.
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