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Re: quilt post# 33805

Friday, 11/30/2018 6:12:37 PM

Friday, November 30, 2018 6:12:37 PM

Post# of 46513
Discovery can be a two edged sword, it can help but it can also hurt Worlds -- we just don’t know (I personally think discovery would help Worlds, but I’m not sure about this).

With recent PTAB’s ruling of no new discovery, the RPI issue boils down to this:

Same evidences but with a new burden of persuasion requirement (burden of persuasion now belongs to Bungie), and a new standard of proof (privy instead of control).

So let’s look at these same evidences and put our thinking hat on and play devil advocate: What can Bungie possibly spin to persuade the PTAB judge panel that there is NO privy relationship between Bungie and ATVI? (keep in mind that Bungie is not allowed any new evidences for its RPI spinning/persuasion)