Wednesday, February 20, 2019 6:35:15 PM
Their offer of a self serving declaration was unacceptable to the PTAB and Worlds, only a full scale discovery would have been accepted and Bungie didn’t want that so the PTAB declined a limited discovery of a hand picked declaration by Bungie.To state that Worlds did not identify an RPI is to be willfully blind. activision is the RPI as has been clearly stated in Worlds brief. Did you bother to even read it?
Bottom line is a lot of hand waving and defensive posturing but nothing that addresses the CE issue to refute the Solicitors position on CE nor the shifting of proof from Worlds to Bungie on the RPI analysis as the CAFC clearly directed in it’s remand order.
A bunch of non lawyers evaluating a complex and nuanced reply brief that does not address the core remand issues is nothing more than entertainment.
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