Worlds Inc (WDDD)

[ShadowSpy69]

-----Original Message-----
From: Wayne M. Helge [mailto:[e-mail]]
Sent: Friday, January 4, 2019 5:26 PM
To: [e-mail]
Cc: Alan A. Wright; Aldo Noto; Ethan Song; Rosato, Michael; Argenti, Matthew
Subject: IPR2015-01264, -01319, & -1319 | Bungie, Inc. v. Worlds Inc.| Documents filed with the Patent Trial and Appeal
Board

To the Board,

Patent Owner writes to alert the Board that Bungie's Brief on Remand filed today in IPR2015-01264, IPR2015-01319, and
IPR2015-01321, and in particular pp. 18-19 of that Brief, improperly contains alleged "Statements of Material Fact"
including insertions of emailed settlement discussions between the parties prior to the Board's Nov. 7, 2018 telephone
conference with the parties. Most directly, such discussions were addressed in the Board's Order of last week (Paper 50,
pp. 2-3), stating:

Petitioner represents that the stipulations include quotations from communications exchanged as settlement
negotiations between the parties. ... Patent Owner submits that it would be inappropriate to enter into the record the
substance of settlement discussions. ... We deny Petitioner’s request to submit, and do not authorize the submission or
filing of, the disputed draft stipulations.

Patent Owner also respectfully submits that Bungie's attempt to insert new evidence into the record, by embedding
evidence into the brief rather than submitting exhibits, violates the Board's Order (Paper 48, p. 8), stating that "With the
exception of the filing of the above-discussed 'noncontroversial evidence,' the evidentiary record remains
closed." Bungie's SMFs 7-11 refer to dates prior to the Board's Nov. 7, 2018 telephone conference with the parties, and
on that conference, Bungie did not seek to submit evidence of settlement discussions.

Patent Owner respectfully asks that a conference call be scheduled with the Board so Patent Owner can request
permission to seek appropriate remedies for these violations, including striking Bungie's Brief on Remand.
Patent Owner also asks that Bungie's brief in all three subject cases be placed under seal temporarily, while an
appropriate remedy can be fashioned by the Board.
Respectfully,
Wayne Helge
Lead Counsel for Patent Owner