DATA - Please explain this to me...
You wrote:
The PTAB order is a tremendous win for Worlds. It locks down the evidence that exists which does not support Bungies contention that Activision not an RPI.
I ask:
Yes it locks down the evidence in hand, i agree 100%, so yes they can not supplement their position it all comes down to the DEV PUB, the Attorney
certification on the record, (the nothing is here, nothing to see verbal and written).
But doesn't it lock out our chance to show the ATVI Board member bridge to Bungie?
Doesn't it lock out our chance to prove on paper that the board member placed on Bungies board by ATVI was put there just for this type of issue, so that ATVI knew what was going on at all time
Doesn't it lock out our chance to show attorney billing for each ATVI and Bungie attorneys talking about such things and emails, board minutes etc.
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You Wrote:
There is no evidence from Bungie on that matter and they have the burden as directed by the CAFC to prove they are not an RPI. They effectively have lost the RPI issue as they have no option to supplement the evidence.
I ask:
The judges have the exact same evidence before them
The judges (PTAB) death squad remember? these guys are in the business of killing patents, unlocking IP so the country as a whole can expand without paying royalties to one company.
What do you think will cause these judges to suddenly say oh ok right yup we were wrong the first time.
There is/WAS no SPECIFIC guidance for them from the CAFC to see it only one way - the CAFC alluded to the issue, that there is no HIGH BAR to meet as privy.
Do you think they will reverse themselves here just because, rather than have ACTUAL PROOF found through discovery here.
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On the CE matter, Bungie has to now convince the board to rule against the Patent Offices Solicitor’s ruling the CE does not apply to IPR’s in conjunction with the case cited by the CAFC which supports Worlds position on CE.
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Now i do get a couple of things here DATA -
1- With the record closed bungie cannot fight back - the PTAB has to do it for them and the PTAB knows we would go back to the CAFC.
2- That THE PTAB may basically be saying - ok bungie, we read the CAFC decision and its not good for you.
We it looks like. may have made a mistake - you prove us wrong.
You had an opportunity the first go around to introduce anything you wanted too, SO without discovery prove it to us.
The attorney cert holds extremely little water here - this DEV PUB does exist, and the bar is now lowered- and your position on the DEVPUB is seen in a different light from the CAFC Ruling, -
SO yes Data i agree this is a short cut through the mountain pass we just have to pray that the PTAB has turned 180 and has turned to our way and the CAFC way of thinking here - that bungie had all the opportunity in the world to offer evidence the first time and is now hoist by they're on petards.
Hell they may now say they want discovery and motion to the CAFC...
I hope your right DATA.
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The order is another positive step in Worlds progression thru the PTAB.
