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Re: cinnamonpee post# 34951

Wednesday, 02/20/2019 4:52:29 PM

Wednesday, February 20, 2019 4:52:29 PM

Post# of 46486
That is the real question.
EVerything is submitted I believe, so now its the Judges going through all of it and giving a decision.
The CE issue comes first. Again this is one area that is a bit murky if you ask me, comes down to what the Judges interpret and no idea on what they will do. Other people more legal minded seem to think it is a non issue. I have no idea.
RPi issue- as abcd12 stated it is again Judges making their own determinations as to the meanings of words privy vs control. Some here seem to think WDDD has proven their case and the PTAB should rule in our favor.
I have concerns that the PTAB will just do what the PTAB does and the track record on that is not good. It might be irrational, not based in what the law says, and so may not even be valid.

Bungie didn't really argue much for themselves. They simply went with we won the first time, so right now what you got is good enough. They simply went full throttle attacking WDDD arguments as to why the PTAB got it wrong the first time. Once I get through it all if you care to read what I think, ask me after the weekend. I should have time to sort through all of it before Monday and see if I am buying again or waiting a little longer.

The window of opportunity opens now. Eithere can get out if feel strongly PTAB will rule in Bungie favor or start loading up adding or buying if think the PTAB will rule in WDDD favor. I do think the upcoming PTAB decision is the most important one to date though. Represents the best buying opportunity win or lose.
Win its on to district maybe Bungie appeals to CAFC, but I doubt it
lose its back to CAFC for a win.
CAFC will not take kindly to the PTAB ignoring them basically.