The math actually isn't too difficult.
Claim 2 presents a clear and obvious path to infringement....everything in the language is a part of the Call of Duty games, the WoW games, Destiny, etc....it is inherent to being able to do anything multiplayer using the internet.
So whether the judges in the CAFC or Supreme Court (or anything other court ATVI wants to delay this to) think there is other prior art or that ATVI "built around" WDDD's patents or that the patents aren't valid. WHATEVER they want to do, it's out of our control. I know the CHANCES of WDDD winning in a patent case are about 33% historically. They're not great. Who doesn't know that already?
And I KNOW some of the biggest patent litigation successes in the past (e.g. Lucent v. Microsoft for $1.5B for MP3 technology, Apple v. Samsung for $1B for smartphone software, Smartflash v. Apple For $500M for media storage, Eolas v. Microsoft for $500M for internet technology). In fact, the biggest patent award of ALL TIME was awarded in 2016 for $2.5B for Idenix.
It's pretty simple math actually:
- a claim I particularly believe in
- AT LEAST 5 other independent claims in court
- a 33% success rate for patent cases
- the amount of money in ATVI's sales
- the significance of recent large patent trial awards
- the strength of Susman & Godfrey
- 95% chance of going through CAFC untouched
It's pretty simple....seems like for such a smart guy you'd be able to understand what a calculated risk is.
The troll gets another response....want to keep claiming the PTAB "cut off WDDD's patents and that's why the market for WDDD died?" Because you're still 100% wrong.
If you want to have an educated discussion about WDDD, you can feel free to try again and I'll have one. If you keep repeating the nonsense "look at the market, the claims are worthless, the market agrees with me, blah blah blah," you're not getting a response from me. You've wasted everyone here's time.
