There is multiple intersections going on.
1st, As i said and i got a little crapped on but I said we should seriously consider going into Boston DC with ONLY the 6 given claims.
If i remember, I said it would keep the record CLEAN.
I saw this coming, i just figured we would see it from ATVI first in an appeals issue basically saying that we went in with GHOST claims.
Don;t bother looking up Ghost Claims, i just made it up, it sounds right.
I thought it would provide ATVI without the lever of saying these patents are only before you due to a technical issue. Or to appeals.
Now back to the today issues -
MSFT going to the IPR-
I met the bigger players here Thom, Wayne, - Not stupid people.
I can only think that one of a few things are in play, in my humble opinion.
1- Discovery time is running short in ATVI
2- Wayne Helge does this for a living, while (and i am so so sorry Wayne) got caught a bit flat footed the day at the CAFC, he had the meritorious defense that day so he played down to the level of the competition that day, it happens - BUT more importantly here is that this is all he does, ALL he does. They have the temperature of the PTAB and CAFC right now.
3-Helge and Co. have to deal with replays at the PTAB before our 2 wins and since.
4-The bar will be a lot higher for the IPR folks as was said by DATASTREAM, he schooled me on that one and i had to do some reading.
5- MSFT= Nobody here thought they were gonna just roll over did you.
Its a win win either way, one just takes longer.
The IPR is denied in which it will get kicked to the CAFC again.
6- The kind of issues that brought us there before are not the same again though. PTAB at some point seeing as funkhouse and sittek etc are once again in claim -
we are 100% EXACTLY where we are with judge Casper right now EXACTLY.
7- Where in the 101 we expect to see it go our way because the Judge ruled 7/8 years ago with here own words that she sees something here and sent it to the PTAB for validation (as i have said)so she has Appeals validation and cover from any undue outside political pressures
The PTAB will be able to rely on its prior ruling at some point and say AGAIN that they what-exactly? That they found the 6 patents (which i wrote about just not so many days ago) should not have been found valid? and embarrass themselves before the USPTO, Judges, CAFCs Legal Community - I mean they already had to eat a big ol serving of XXXX pie the last time Worlds came around, are they now going to say a 3rd time around they really should have killed the other 6 claims.
Like i said kiddies its not the patents its the claims.
So using the same language i used just last week re: Judge Casper
i will use here.
No way on GODs green earth here the the PTAB as they are people too with a small community they live within professionally are going to re-reverse themselves ONLY TO HAVE WORLDS GO BACK TO THE CAFC AGAIN for another beat around the block. BUT-That route would take some time.
Its a huge crossroads of events - If i am wrong here let me ask you this - Why did Linden not start an IPR?
Because they did not want to reopen other claims they know will hurt them.
MSFT by its very nature is litigious. They must pay a billion a year in total legal salaries around the world or more when all is said and done. This is big, they want their shot.
It was a double edged razor- Either take the 6 claims, solid, PTAB tested claims and go back to Boston and win against ATVI and Bungie and then use them where we could
or
Go back to the CAFC get as many claims back ONLY for Boston ONLY for ATVI Only for Bungie but take the chance on Other we go after for the GHOST CLAIMS, because we all know the other 50 claims were considered dead.
I assume, Linden may enjoin the IPR or file friend of the court briefs and perhaps consult with MSFT or just let MSFT do what they did not want to take a chance with.
PROBLEM WITH THAT THOUGH-
Problem is, if the PTAB holds up ANY Claim, -A N Y- CLAIM, its done, the rest of the industry can file whatever they want but the PTAB will not hear a thing, because the road has been paved 3x by then they are no going to revisit it again.
The bigger problem which we will see shortly could be a brief by ATVI
to Judge Casper saying, excuse us but....... there is another PTAB filing which we believe there is different meritorious defenses here which should be decided before moving ahead again...
Now a lot of you may say but hey what about us, we should finally get a day in court, every time we get close to a trial date someone else can come in and delay us 10 months... well that depends on the Judge. I do not think Casper wants to hear ATVI crying about the PTAB from ATVI who was shown to have lied in her court.
Bungie, just got a fricking life line thats for sure, because they may now want to file a friend of the court brief on info too regarding anything they could not last time or anything, lets face it they had to wait for someone to do something, they certainly could not be found to have asked - see colluded- with another company to file an IPR that is for sure...
I see discovery going forward.
I see the Judges ruling to be as solid as possible for appeal purposes
I see bungies lawyers wanting to file with MSFT case as friend
I see Linden saying well the can is opened now, now we have to fight it out.
The question as for MSFT case is I think will go to the CAFC at some point where the Same Judges will now revisit another time WDDD.
This time to figure out if the PTAB rulings to either:
Hear the case again and find for us and MSFT goes to CAFC on some BS.
Hear the case again, take away our claims in total including the 6.
WDDD flips a shit and back to the CAFC WDDD goes.
Hear the Case and Bungie or Linden find a reason to petitions the CAFC.
In either case i believe that there will be even more friend of the court briefs as ALL the players see ATVI in trouble, Bungie in trouble, Linden with not starting an IPR think they are weak, so everyone else may jump in here... and like i said who thinks that the PTAB will now have the balls to now UPON ANOTHER review take away the 6 from the first 2 tries.
JMHO-
Caddy i think or it was someone else- regarding the 2022 patent expiration, the Judges can if they see it proper can add time onto the patent expirations there by resetting the clock as we did not have full usage of the patents, plus there was another idk its late, i think another was issued in 2015? - someone else can look that up.
So yes there is still licensing to go on and use i think.
Plus the following p sorry i know this is long but someone asked.
We should and i was crapped on back when, that we should take stock and not cash, 3% to 5% of 20 of the largest is nice income forever.
OR
We could get bought out- that is not in the calculations there
OR
We could get a win in Boston as JDC is not gonna given ATVI much.
Or
The dividend spoken of on top of anything else here or there mentioned...
All i can say is this, Who now is gonna with all this attention now going to go back on their own findings? The Judge, The PTAB, I just do not think so...
I am glad funkhouser et.al have been so thoroughly been reviewed, we have a record.
I have to think that this is a predetermined play here and its gonna come in the form of the motions to dismiss that this has been asked and answered before the PTAB but i think giving back the 50 added GHOST CLAIMS left a bad taste in their mouths at the PTAB and they really would like to reassert the 6 and kill off for the same prior reasons the 50.. it will be interesting.
Like i said 1 plus year ago or so, keep the record clean go into Boston with the 6 clean claims for appeals, for kiling bungie, slay them, then you want to use the 56 against someone else like linden ok, but not in Boston... and here we are, Not saying, just sayin.
Hope all are well,
Hope all keeps moving forward and all goes well, its been a long road
JMHO
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