Worlds Inc (WDDD)

[abcd12]

The upcoming 9 March hearing is all about the patent process regarding to time bar and perhaps also the PTAB's authority, and it is not about the validity/invalidity of the patent itself. Consequently it is not necessary for the CAFC judge panel to address the underlying technical issue of the patent itself. However, the panel has wide discretion and can address patent invalidity sua sponte early at this stage of the appeal in the name of court efficiency, time and resource if it clearly see that Worlds patent is not patentable under Alice/101.

I highly doubt that whoever on the panel will bring Alice/101 into the discussion at this early stage of the appeal, but the issue of Alice/101 or any other patent validity/invalidity issues could be in the forefront of the discussion in other appeals AFTER the conclusion of the jury trial in judge Casper's court.