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Re: madprophet post# 31106

Tuesday, 03/13/2018 5:43:30 PM

Tuesday, March 13, 2018 5:43:30 PM

Post# of 46488
First Worlds did appeal the RPI issue just not on all 6 IPR’s only on 3 and the appeals were consolidated for all 6 IPR’s. Why?, some ask. Obviously as Justice Taranto pointed out, would Worlds appeal IPR’s with claims they won and risk losing them on appeal, that would be stupid. Since the same issue of the RPI issue as raised in all 6 IPR’s Worlds appealed on the 3 that claims were invalidated but applied to have the appeal granted on all 6 iPR RPI challenges.

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.