Worlds Inc (WDDD)

[cadillacdave]

BTW, I looked online at costs to defend an IPR and the average is listed as $300K-$600K and others listed the cost as $100K-$700K So my "gut" seems to fall in the middle of that range.

Maybe you should shop around for a new firm to take on the IPR, in TX. The economy is going to crap. Maybe you find a patent firm that is hungry or willing to take a shot at it. Shop around. WDDD already went through an IPR. It's not re-inventing the wheel here (a lot of legal work is cut and paste-the same arguments over and over) A lot of the leg work is already completed. If you could get it done for $250K is it worth it?

TX is big on property rights. WDDD may have had a very different outcome. The CAFC simply reviews for errors. As long as Casper can legally justify her decision, then it stands. Same goes for TX. If the judge in TX ruled the patents pass the 101, as long as he can justify his decision, you would have a winner. These standards are not tangible and can't be measured. It seems an argument can be made in either direction, and in my opinion, the stronger argument is that the tech IS an inventive concept and can be patented, and therefore should pass the 101.

Give it some thought. You are a bright guy. Maybe it's worth a try? Kind of sad to come this far and not see it all the way through. Again, just my opinion.