Worlds Inc (WDDD)

[MarkmanRunup]

Fear Takes Hold Again

Activision is trying to impede the inevitable. Maybe they think this gives them time to reach a more favorable settlement while they posture with their baseless arguments.

But maybe they are just digging themselves a bigger hole. If Worlds presses forward, either Activision's motion for summary judgment (whenever it happens to be heard) will likely be denied, or by then, the USPTO will have corrected their error and affirmed the patent chain all the way back to the 1995 provisional application (which even an activist judge must honor). In any case, Activision will now be facing a validated patent portfolio and their opportunity for a 'cheap' settlement will have vanished.

Next, the hole gets deeper with the Markman hearing. If Worlds prevails on most, if not all of their claim construction arguments, Activision will have to up any settlement offers considerably. At this point, Worlds will be in a position where going to a jury trial will make the most sense (and cents).

Activision is playing a dangerous game. The facts in this case don't bode well for them. They may be delaying themselves into a very damaging outcome.

Susman Godfrey wins these type of cases more often than not. That's why I added them as reason #8 of my Top 10 reasons I like WDDD.

Fear is once again creating an incredible opportunity.