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Tuesday, March 13, 2018 5:43:30 PM
Second, the CAFC can vacate a PTAB ruling and it would be based on improper application of PTAB procedure depriving Worlds of due process. The evidence is more then the Activision/Bungie contract found on the internet. It is also correspondence between Activision’s lawyers and Susman inquiring if the Bungie game Destiny would be named in the lawsuit as well as the indemnification clause on IP clearance the Bungee provided to Activision and the Activision has a seat on Bungee Board. All part of the record being considered by the CAFC.
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