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Wednesday, September 26, 2018 3:05:21 PM
1.) WDDD appeals to cafc on only LOST claims/patents
2.) cafc decides full vacate with remand to ptab for corrective measures of proper discovery
3.) cafc grants Bungie CE to give them a last ditch throw us a bone action to give them a hail marry shot at the ptab who can now decide the case cannot be tried twice in the same court, rendering them the original dec. (that would be bad)
HOWEVER, with the new guidelines in place from the messy USPO and PTAB. If collateral estoppel is applied the CAFC and WDDD WILL AND IS READY TO APPEAL IT. At that point the CAFC would just give the green light fully vacated decision over PTABS head. Right now they are giving the ptab the chance to clean up their mess.
Going forward things SHOULD look like this.
1) PTAB Relooks at the case starting with the CE, sees the case had major errors discovered and decided on already by the CAFC and denies bungie any chance of the lazy easy way out (CE)dismissal of the claims again by ptab
2) this allows now new evidence to be brought in for discovery and evidence is presented to support CAFC decision.
3.) ptab agrees with cafc on all counts time barring bungie and vacating the original ruling as bungie and actv are the same party in regards to the case and worlds gets all claims restored for going forward
(In a perfect world)
I am not a lawyer i may be wrong in some of this but this is my interp. Of whats to come... a win win and may end up a 2 for one because now bungie is on the hook also.
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