Worlds Inc (WDDD)

[napkinbie]

Anybody have thoughts on when an actual court date could be scheduled? Why Casper didn't include a court date? Are there other civil cases with higher priority & will they get shovel in front of Worlds?

Cinnamonpee’s post 41153: Anybody have thoughts on when an actual court date could be scheduled? If the consensus(at least from this board) is that the 101 is a foregone conclusion, what is holding Judge Casper from scheduling trial? And how fast could that happen?

Cinnamonpee’s post 41155: Just curious why Casper didn't include a court date knowing that covid has really extended the timeline for all things court related. She may be hoping that the parties will come to a settlement agreement, but that isn't a given. Everything else is on the schedule except a possible trial date. If and when she does get around to scheduling it, I hope it doesn't tack on another year of waiting.

Cinnamonpee’s post 41157: The longer she waits to get us on the docket, the more cases get shoveled in front of us. And without news, I expect alot of the new investors we acquired recently will get bored and move on.

Quick answer to your questions: My guess is a trial date could be as early as mid-September 2021 or could be as late as Q1 of 2022 due Covid-19 concern (Worlds’ lawsuit had been on the Court docket for closer to a decade now, so in fairness, I think Worlds’ civil lawsuit should be given highest priority over other civil jury trials. Also, I highly doubt there are other civil cases that have been waiting for about a decade for Court date in the Federal District Court where Judge Casper resides).

It is my very strong belief that the Court had already decided 101 issue in favor of Worlds and has chosen not to announce its decision now publicly due to consideration of court efficiency and fairness. I believe we all will learn of the Court’s position on 101 AFTER the brief on dispositive motions and Daubert motions (7/29/21 deadline). I’m 100% certain that Activision will bring up the issue of 101 and prior art in its initial brief on dispositive motion (6/17/21), and subsequently in its reply brief on support of dispositive motion (7/29/2021). Furthermore, I believe that it would be exceedingly difficult for Activision to persuade Judge Casper to adopt Activision’s view on prior art and 101; therefore, it is my firm belief that Activision won’t be able to CHANGE the Court’s current view on 101 that is in favor of Worlds.

Another point worth noting, fact discovery is essentially completed and my guess is both sides are working hard to prepare evidences gained from the fact discovery for use during jury trial. I think evidences gained from the fact discovery and elsewhere will be brought up and vigorously contested in the briefs on Daubert motion.

With regarding to information on the Court backlog, cancellation/resumption of jury trial, potential delay in criminal/civil jury trial schedules due to Covid-19 and the Court’s policy during covid-19 era, the following phone and email contacts are available to the public: [phone] or email [e-mail] (this is an easy DD everyone can do)

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Back ground and addition detailed info for your reading:

Massachusetts jury trial in Covid-19 era:

https://www.wbur.org/news/2021/01/25/massachusetts-again-postpones-jury-trials#:~:text=Jury%20trials%20in%20Massachusetts%2C%20which,12.

https://www.wbur.org/news/2021/01/08/jury-trials-resume-massachusetts

https://mashable.com/article/wind-turbines-texas/?fbclid=IwAR1yRtm_BVRygmpSiCUE3AzmEHMxBDDqIWN1ACRakM4T6v8C2XJHVckcS4s


The final 3 motions on Judge Casper's schedule are :

Dispositive Motions and Daubert Motions by 6/17/21.
Opposition to Dispositive Motions and Daubert Motions by 7/15/21.
Reply Briefs in Support of Dispositive and Daubert Motions by 7/29/21.

The followings are excerpts on dispositive motions from https://content.next.westlaw.com/w-009-0405?isplcus=true&transitionType=Default&contextData=(sc.Default)&firstPage=true and Daubert motions from https://civilprocedure.uslegal.com/discovery/daubert-motion/

“Dispositive motions enable a party to ask the court to eliminate some or all of the claims in a case at various stages of a lawsuit. Dispositive motions therefore can accelerate the resolution of a claim or lawsuit, promote efficiency, and conserve judicial resources. For example, motions for default judgment, motions to dismiss, and motions for summary judgment all may result in the disposition of claims without a trial.”

A Daubert motion is a specific type of motion in limine. It is raised before or during trial, to exclude the presentation of unqualified evidence to the jury. Daubert motion is used to exclude the testimony of an expert witness does not possess the requisite level of expertise or used questionable methods to obtain data.

From web site on District Court Judge Casper, Denise J. of Massachusetts Federal Court https://www.mad.uscourts.gov/boston/casper.htm , there are numerous FAQs. The following few FAQs may be of interested to you and may give you an insight on Judge Casper’s guidance/practice or MO (modus operandi).

Under the Civil - Dispositive Motions section:

DJC Q27: Do you typically hold a hearing on motions to dismiss?

Ans: Yes.

DJC Q28: Do you typically hold a hearing on summary judgment motions?

Ans: Yes.


Under the Criminal Matters section:

DJC Q36: If a defendant files a motion for release and/or modification of conditions of release after the case has been referred back to the district judge, is it your typical practice to resolve the motion or refer it back to the magistrate judge?

Ans: I typically refer it to the magistrate judge.


General Trial Practice - Pretrial Matters:

DJC Q40: If you do not require the filing of a trial brief, under what circumstances do you think it would be helpful to the Court?

Ans: If there are particular issues that the Court may need to resolve prior to trial (e.g., whether a party will be precluded from presenting a particular theory at trial, resolution of Daubert motions), any issue with the scheduling of witnesses (e.g., possible need to take witnesses out of order; some testimony to be presented by deposition) or any special procedures that counsel is proposing for the conduct of trial (e.g., jury questionnaire, etc.), it would be helpful to have them addressed in a trial brief.

DJC Q42: Do you typically hold an initial pretrial conference in civil cases?

Ans: It depends on the case. If I do, it is largely for the purpose of getting a sense of the anticipated scope and length of trial and to set a trial date.

DJC Q43: When do you set a deadline for the filing of proposed voir dire, proposed jury instructions and/or special verdict form, witness and exhibits lists, motions in limine? Typically, how far in advance of trial are these deadlines?

Ans: I typically set these deadlines when I set the trial date. The deadline for filing motions in limine is typically 2 weeks before trial and the deadline for filing oppositions to these motions, along with witness and exhibit lists, proposed voir dire and jury instructions is typically a week before trial.


Under Criminal - Scheduling Trials section:

DJC Q54: Typically, when do you set a trial date in civil cases?

Ans: At the status conference (once fact discovery is complete) if there is not going to be a motion for summary judgment. If there is a summary judgment motion, after I resolve the motion.