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Re: None

Friday, 04/17/2020 3:46:17 PM

Friday, April 17, 2020 3:46:17 PM

Post# of 47222
So just of the top of my head

1st
I think the time line is fair and not usable later by ATVI as a rush for the new legal team to get to speed.

2nd -
I think the discovery process is double useful here 1 to get information on ATVI and 2nd to gather info on Bungie - if we get that far with bungie

3rd
The 101 motion - here lies i believe the only possible issue -
BUT- i am so much more happy now that it has taken this long and you should too.

If this 101 was dealt with 4 years ago, we would not have on our side now.

Bungie shown as a bad actor by the federal courts its on record now
Bungie shown as a bad actor by the USPTO - PTAB

Activision shown as a bad actor to Judge Casper - oh yes, think on that, the courts have said that ATVI and Bungie delayed this court issue and tried to game the system to destroy a company

All 6 patents in play

All 52 Claims to cherry pick to use

And a Judge that now to dismiss this case on a 101 issue would now be bucking the CAFC and the PTAB which they themselves up held 6 claims as 100% non 101 Alice changeable right? I mean the original patents were issued, then subsequent patents based on priors, then the USPTO gets a chance to toss all of them out even looking at prior in the USPTO system for prior art and they come back and say at least these 6 are 100% grade A Patentable.

So I can guaranty all my shares against anyone who want to put up the same amount that the 6 claims that were up held previously by the PTAB will be included within the 15 claims.

That is the ONLY corner we are in, we MUST USE those 6 previously upheld so that should we go down the 101 road and the judge tries to invalidate we can say NO the USPTO says these are, forgetting the return based on RPI - which now is a blessing because yes while it took longer, much longer, RIGHT NOW, today we have had a second and third look by the USPTO that at least 6 claims were 100% patent-able. So over the 6 patents were going to find 9 others. This is good news for us 100%

I think it would be VERY VERY VERY Hard for Judge Casper to dismiss the same claims that she herself asked the USPTO- PTAB, Then the CAFC and the PTAB again to review and to only have her 8 years later say nah, these are bogue and toss the case.

I think Bungie settle first with a cash payment of $75 to $125 million, paid over 10 years as damages, royalties of 1.5% for 10 years or more moving forward, a board seat to me..ok Thom, and pays legal fees %. I would consider it timely and fair. It doesn't put them out of business and keeps a decade of cash into the company. That would be about a $1.00 to $2.00 share bump to shat things off, Let that set the blueprint for what we want from all the rest of the infringers out there.

From here on out 2x to 3x or more a month we will be seeing updates on both the LINDEN and now the ATVI suit, that is without Bungie suit or settlement and others.

By the way that timeline puts us past the corona virus timeline from the NIH for a vaccine and the elections and the economy should be coming back hard, jobs back, people getting back on feet, and most likely it will be a better time as it will be the first time in 18 to 24 months people will be able to really go back out, bars, theaters, restaurants, people will be in a better mood i think, especially when we ask them to disrupt their lives to issue a $billion to $2billion dollar judgment.

We will see.
JMHO
Q


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