Saturday, March 24, 2018 9:31:06 PM
The evidence provided by Worlds was the contract between Activision and Bungie which has specific indemnification clauses on the clearance of IP by Bungie and Activision’s right to review and approve, which is control and influence as a privy.
The PTAB does not conduct contract terms construction, that is a Federal Court determination and as such the CAFC has full authority to vacate based upon their interpretation of that evidence in combination with the PTABs misapplication of the burden of proof to Worlds on the RPI challenge.
Listen to the oral arguments and the courts clear statement on this matter.
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