You can find numerous differences between any two lawsuits.
Here is what is important;
1 -The PTAB is now citing Worlds Inc.
2- The PTAB themselves has put all pending and future PTAB cases on notice that the bar for RPI has been RESET.
3- The PTAB by Worlds v Bungie has had to either by full meeting of all the Judges or by a full new USPTO/PTAB memorandum change at the PTAB level the way CE/RPI/Discovery especially when coupled with PTAB ruling on Columbia is handled.
4- Attorneys for Bungie i can guarantee you had to make a cautionary call to their client this Monday morning saying hey this ruling came out Friday and its an FYI but it is not looking good.
5-
Personal Note
Just my opinion but i would find it hard to believe that Bungie does not reach out to TK/Worlds. The only stone in the road would be the lead litigator, i do not know if he is on the negotiation team, but he is a little over the edge on this case, just reading his brief you can see him foaming at the mouth over this.
I am sure Bungie wants some sort of indemnification with regards to the Activision case. Meaning that if they turn some type of information on Activision they do not want a new suit by Worlds.
I would hope that the information regarding the "NEGOTIATIONS" was embellished by Bungies legal team, the facts will bear out once the briefing is unsealed.
I think TK is way to smart for these guys, of that i am sure, but lets face it every negotiation has a breaking point. I wonder if the breakdown was we wanted to much either money or information OR Bungie wanted to either not provide information or extended financing.
I can also guaranty that Bungie wanted to Join our lawsuit against Activision as they i am sure want to say they were hoodwinked by ATVI as well. Now that would be interesting as Bungie would say they were given the green light to proceed knowing that an IP issue with Worlds was in dispute.
My opinion is that ATVI is legally scared right now.
I mean the word scared.
They are so worried now that they in the face of their own shareholders they lied to the world that by giving away a $325 million dollar game would have no impact on the bottom line.
It was easier to Lie and give away $325 million dollars a year, to give Destiny back because were gonna have to give it back anyway, whether as IP return of in damages to Bungie in court.
I ran some numbers on Bungies infringement.
NETEASE got 5% of Bungie for $110 million.
Destiny was released 9-9-2014 Four years of income.
Over 1 to 1.3 billion dollars of sales and buy in for Destiny and Destiny 3 is being worked on.
1 to 1.3 billion in sales minimum
At a 5% royalty rate it is $50,000.000.00 / $70,000.000.00
Putting the numbers closer to $125,000,000.00 to $200,000,000.00
Add in Destiny 3 about 2 years from now.
Even if you reduced the damages then to 2.5 with willful / treble
that still brings it to $60 Million to $120 million -
Its starting to get real for Bungie.
Do we take all the money upfront including a new suit to try to reduce
Do we look for a % of bungie - thats a long term cash flow
Do we look for a little of both? - i think thats better.
If we win at the PTAB and use that as well in District Court, we will ask for willful infringement/treble damages as the Bungie case will be after Activision and we will simply quote from the record.
ONE LAST THING
Anyone want to bet how many days after the Activision case settles that
we have a change of address to Texas.
TK for President 2020
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