Activision Blizzard Inc (ATVI)

[quilt]

ATVI /Bungie LOSE in court.

[e-mail] Paper: 65 571-272-7822 Date: January 14, 2020
UNITED STATES PATENT AND TRADEMARK OFFICE ____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________
BUNGIE, INC., P etitioner,
v.
WORLDS INC., Patent Owner. ____________
IPR2015-01264 (Patent 7,945,856 B2) IPR2015-01319 (Patent 8,082,501 B2) IPR2015-01321 (Patent 8,145,998 B2) ____________
Before KARL D. EASTHOM, KEN B. BARRETT, and JASON J. CHUNG, Admi nistrative Patent Judges.
BARRETT, Administrative Patent Judge.
NOT ICE
Termination, Vacating Institutions, and Dismissing Proceedings on Remand 35 U.S.C. § 314
ORDER
Conduct of the Proceedings 37 C.F.R. § 42.5(a)

IPR2015-01264 (Patent 7,945,856 B2) IPR2015-01319 (Patent 8,082,501 B2) IPR2015-01321 (Patent 8,145,998 B2)
I. NOTICE OF TERMINATION
Today, we issued a non-public version of a Termination vacating
institutions and dismissing proceedings on remand in the above-captioned cases. For the reasons discussed in the Termination (a public version of which will issue in due course), we determine the following: 1) Patent Owner is not estopped from arguing the real-party-in-interest issue on remand; and 2) Petitioner has not met its burden of persuasion to show that its Petitions are not time-barred under § 315(b) based on a complaint served on an alleged real party in interest more than a year earlier. Accordingly, pursuant to 35 U.S.C. §§ 314 and 315(b) and 37 C.F.R. §§ 42.71(a)
and 42.72, we dismiss the Petitions in the above-captioned cases, vacate our Decisions to Institute, and terminate the inter partes reviews without rendering final written decisions under 35 U.S.C. § 318(a).
II. ORDER CONCERNING T HE P UBLIC AVAILABILIT Y OF T HE TERMINATION
The Termination has been entered as a non-public version because it may refer to information that is the subject of a Motion to Seal. See
IP R2015-01264, P aper 57 (order granting P atent Owner’s unopposed Motion to Seal). No later than ten (10) business days after entry of the Termination, the parties may identify which portions of the Termination, if any, should be redacted for a public version. To that end, the parties may make such an identification by jointly submitting via email a single PDF document containing all proposed redactions. The parties shall not file their proposed redactions in the dockets of these proceedings.
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IPR2015-01264 (Patent 7,945,856 B2) IPR2015-01319 (Patent 8,082,501 B2) IPR2015-01321 (Patent 8,145,998 B2)
If the parties agree that the Termination may be made publicly available without any redactions, the parties may notify the Board via email stating such within the same time frame. In the absence of a communication from the parties about any alleged confidentiality of the Termination during the ten-day period set forth above, the Board will make the Termination publicly available as originally entered.
It is so ORDERED.
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IPR2015-01264 (Patent 7,945,856 B2) IPR2015-01319 (Patent 8,082,501 B2) IPR2015-01321 (Patent 8,145,998 B2)
P ET ITIONER
Michael T. Rosato Matthew A. Argenti Andrew Brown
Jad Mills
WILSON SONSINI GOODRICH& ROSATI
[e-mail] [e-mail] [e-mail] [e-mail]
PATENT OWNER:
Wayne M. Helge
Michael R. Casey
Aldo Noto
DAVIDSON BERQUIST JACKSON & GOWDEY, LLP [e-mail]
[e-mail] [e-mail] [e-mail]