Wednesday, November 14, 2018 10:16:05 AM
https://seekingalpha.com/pr/17333413-worlds-provides-update-patent-trial-appeal-board-ptab
The actual link from that just takes you to a ptab login page.
uring the call, the Board considered a number of items, including the briefing schedule for the remanded issues of: (1) whether Bungie is time-barred from petitioning for review of the Worlds patents in IPRs 2015-01264, -01319, and -01321 because of their pre-existing relationship with Activision, a time-barred entity; and (2) whether collateral estoppel prohibits Worlds from arguing that Bungie is time-barred on remand. See Transcript at pages 6-7. The Board also considered whether the evidentiary record should be reopened to allow for submission of new evidence on Bungie’s relationship with Activision. See Transcript at page 14.
Although the Board did not issue any rulings during the teleconference, it appeared to reject Bungie’s proposal to bifurcate the briefing of the two issues on remand. Instead, the Board seemed inclined to require the parties to brief both issues together. See Transcript at page 23. Further, the Board seemed to reject Bungie’s proposal for the parties’ simultaneous exchange of briefs, in favor of Worlds’ proposal of having Bungie file its briefing first, since Bungie has the burden of proving that Activision was not a real party in interest to the three prior-filed inter partes review petitions, and that Worlds should be prohibited from arguing that Bungie is time-barred on remand. See Transcript at pages 27-31.
Further, while the Board did not decide whether to open the evidentiary record during the teleconference, the Board did indicate that if it permits further evidence to be submitted, the evidence would not be limited to only the evidence Bungie voluntarily offers. See Transcript pages 41-42. Rather, if the record is re-opened, the Board will permit Worlds to test Bungie’s evidence, and seek broader discovery on Bungie’s relationship with Activision. See Transcript pages 42, 53-54.
Worlds is currently awaiting an Order from the Board to finalize the procedures on remand, and intends to vigorously defend its patents when that Order issues. A copy of the teleconference’s transcript of the can be found via the PTAB’s End to End (E2E) system, accessible here: https://ptab.uspto.gov/#/login
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