Time is money, ok and reading is important.
You really need to know what is really going on with your stock and money.
I am also saw something on no licencing etc. What is going on here.
1st lets take this timeline i read.
Ok deep breath here before typing again........
Bungie reply within 10 day.
The unless the PTAB wants to an answer to a specific question to a motion made statement here is what i think the time line is and why, then we will get to licencing.
Bungie answer within seven days February 18th
PTAB has been already reviewing this case for months since CAFC returned it for review and review their original
PTAB will send to judges for basic review which will be on top of memos already sent due to CAFC overturning and guidence
PTAB will take a week to set up files and disseminate
PTAB both briefs - but the briefs are based on settled law no?
PTAB Judges deal with the cases cited day in day out
PTAB Judges hold conferences with each other i will assume weekly or bi weekly.
PTAB Has to ONLY decide if the three item brought forward by WORLDS apply
1- Does the 3 CE issue patents need to be EXACT or not - If as the law/statute/guidelines/ state they would need to be exact to be considered the same, the PTAB would here need to go against settled law/guidance/statues and they know we will go right back to the CAFC to make them answer for it.
2. They have to argue that they did not unreasonably put the due process of discovery on us, they would need to go right against the CAFC and guidelines of the USPTO AGAIN
3- They would need to show how they AGAIN, do not see how a CURRENT LEGAL agreement (the dev/pub) as being a legal business agreement between Bungie and Activision
4- They will have to show that having a Activision board member on their board does not constitute a business relationship
People being people, being overturned by a high court, simply as a business will not want their next decision to AGAIN go to a high court to only get slapped down yet again.
Do not forget the one judge stepped down/asked to recuse over this already.
They want this out of their hair. They want this to go away an will be willing to take a short term hit, which they already did with the solicitor i am sure reviewing with them, they will not want to go through that again. They the PTAB judges do not want so much high court overturns of their opinions.
On top of all the above Bungies arguments have been so see through it has been pathetic.
TIMELINE:
Bungie response is 7 days.
PTAB in house review and disseminate to all 7 days
PTAB to review personally each judge and review on settled law 14 days
PTAB to review/conference together, notes, emails calls 7 days
PTAB judges to reply to each other any outstanding questions 10 days
PTAB judges final conference with solicitor general guidance 14 days
PTAB to write decisions and review it with solicitor general 14 days
PTAB to final review 7 to 10 days 83 Days +/- 7 days = 90 days.
May 1st to May 21st. Max
That is without a settlement
That is without a conference with Judge Casper to set new trail date.
Personally i would prefer going all the way with PTAB so we leave no stones un turned and all future cases and infringers know they have no place to go.
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As for licensing. And i can not believe this needs to be discussed again. I mean how in the worlds could anyone possibly say this is not a possibility.
Example:
1- Bungie got 110 million from NETEASE for 5% stake because they needed CASH infusion and wanted into china...
2- Bungie was going to help NETEASE get into china.
3- China declined allowance for NETEASE/Bungie this year access.
4- That means a minimum of 12 months of cash burn.
5- Bungie acquires Destiny, but will need to spend millions over next 6 months to build infrastructure before money really starts to come in from destiny.
6- Even if Bungie DID possibly give all $110 Million to WDDD,
Take off 1/3 to S&G leaves $77 MILLION.
7- Take what 30% taxes leaves $56 million
8- Take off the Warrant agreements of first settlement most likely around $20 million
9- That leaves WDDD $36 Million
10- The entire $36 million is not going directly to the share holders sky in the pie boys an girls But lets say $30 million did.
11- $30 million Divide that by approx 60 million shares outstanding
That puts at approximately .50 to shareholders...
Am i the only one doing math here.
Even, E V E N....
if i am off by a factor of 2.. thats $1.00 per share. WOW way to take down the big boys.... LOL...
Now, the above is with DRAINING ALL of Bungies or MOST of Bungies liquid reserves... and some think this is likely?
At $1.00 a share will not even allow us in the door to nasdaq uplisting.
But if we structure a long term licensing ALLOWING bungie to breathe a little, say ok $25 million now, $25 million in 2020, giving them time to get destiny up and running completely on their end.
And starting in 2020 based on 2019 sales/income we take a 10 year 3.5% licencing
3.5% of a $325 million dollar game is over $10 million a year and $150 million of more over ten years...
Year 1 - $25 million 2019
Year 2 - $25 million 2020
Year 3 - 3.5% years or $10 million minimum
Year 4 - 3.5% years or $10 million minimum
Year 5 - 3.5% years or $10 million minimum
Year 6 - 3.5% years or $10 million minimum
Year 7 - 3.5% years or $10 million minimum
Year 8 - 3.5% years or $10 million minimum
Year 9 - 3.5% years or $10 million minimum
Year 10 -3.5% years or $10 million minimum
Thats $130 to $160 million
I know my numbers may by conservative because if the above doesn't work for BUNGIE, screw'em pay us everything now OR go to court with us and possible pay 3x the above with treble damages by JURY IN BOSTON WDDD hometown.
The above will get retail investors flocking in, that get NASDAQ type numbers starting to happen.
With a structured $150 million from tiny Bungie, Activision will do the back of the envelope math, plus as i has to spell out last week, treble damages.
Now that is a way to set a precedent boy n girls... everyone want to wake up one morning be at .50 cents or $1.00 and move on, wow, ok you sell i will keep buying..
JMHO
Q
