Wednesday, October 03, 2018 2:30:18 PM
By the USPTO guidelines no further discovery can be made upon a final decision only what exists in the record unless under extenuating circumstances. The CAFC left the door open for the PTAB to order discovery if they so choose however it would not be a back and forth process. It will be either sworn affidavits from Bungie and Activision executives that there is no RPI relationship and possibly any and all correspondence and phone records between the parties in regard to the IPR.
The PTAB would make a ruling on that new evidence if any. This is not a process of briefings and rebuttal and oral arguments.
You next question is how long will it take?
My crystal ball isn’t working right now.
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