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Re: tradetrak post# 33563

Wednesday, 10/17/2018 5:12:05 PM

Wednesday, October 17, 2018 5:12:05 PM

Post# of 46499
Yup...which is why no matter what the PTAB does I see this
a big win at the CAFC if it returns or is appealed by Bungie.
Data seemed to think by one of his old messages they won't allow new evidence and if they do it will be minimal at best some papers and filings
easy peasy.
I do not...


DataStream Wednesday, 10/03/18 02:30:18 PM
Re: madprophet post# 33385 0
Post #
33389
of 33567
You assume that discovery will be required.
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.



However in the original request 6 specific items were requested for discovery and denied, don't know/remember what those 6 things are though.

Based on the DevPub Agreement, Worlds’s discovery
motion contained six specific requests for production
seeking further details of the relationship between Activision
and Bungie. J.A. 394–97. Bungie opposed the
motion for discovery, J.A. 407–18, and the Board denied
the motion in its entirety, J.A. 423–32. In doing so, the
Board concluded that Worlds had not shown more than a
“mere allegation” that something useful would have been
found through the requested discovery.



We should know what is happening in about a month or less I would hope.


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