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Monday, February 08, 2021 3:05:22 PM
101 is not on Casper’s ruling decision calendar, so she doesn’t have to make a separate ruling if in her judgement that the trial can move forward. If on the other hand there is patentability issue with 101 that effectively voids WDDD’s patents, then the Court (Casper) has obligation to dismiss World’s lawsuit in a timely manner or ASAP to avoid further wasting the Court’s, WDDD’s and ATVI’s times and resources.
My guess is Casper’s had already decided that WDDD’s patents satisfied section 101 patentability standard and the Court’s evidentiary standard and therefore the trial can be held at a TBD date, and she will make a 101 evidentiary ruling or announcement on the bench at her (the Court) chosen convenience schedule. Perhaps the Court's decision on 101 will be explained during pre-trial or other evidentiary motion/hearing before the start of the jury trial.
P/S
My guess is the court is looking at WDDD's patent through the 101 prism as some type of evidentiary standard to decide if there is sufficient "evident" for trial.
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