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Re: DDobserver post# 33555

Wednesday, 10/17/2018 2:41:09 PM

Wednesday, October 17, 2018 2:41:09 PM

Post# of 46212
We all know ATVI is the real party of interest.
I think the devpub agreement/contract is enough
as do just about everyone else.
It is just a matter of does the PTAB think so.
I think the Judges at the CAFC think so, in oral arguments
they practically said as much when they mentioned privy vs control
on more than one occasion. I said at that time they wanted to time bar
Bungie, but didn't think they would due to lack of disovery and not following procedure. They want to allow the PTAB to come to the right conclusion. They have offered guidance that SHOULD help them come to the right conclusion. Their guidance if followed should get Bungie time barred...
But it is the PTAB, and wWDDD is an NPE in their eyes, and the PTAB
has not been very friendly at all to NPE's. Things are changing,
at the PTAB. SO nobody really knows. I am just not confident enough
without new evidence to put any real money on the line hoping the PTAB
acts right. New evidence might change that position, we shall see.
I wish everyone luck who is still in, holding, or even buying more.
I play odds, probabilities, and catalysts in my spec plays and right now
I simply don't like my math here.
SO I watch..wait, and will reenter when the math swings back the direction I like, I lack any faith in the PTAB so I might simply be biased.
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