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Monday, August 26, 2013 4:54:09 PM
So please allow me to clarify what I meant by my comment. If I was ATVI's counsel, I'd depose Kidrin over many issues, including your interview on Seeking Alpha. I would lay the foundation that the interview occurred and that Kidrin reviewed it for accuracy. Once I have established a solid foundation, I would drill him over the laches discussion segment by segment. I'd ask him about the details of each conversation with Kotick or any other ATVI employees. I'd ask for dates, follow-up written communications, as well as any internal W3D communications related to these questions. I would drill Kidrin on what he meant by "many years" and why it took him so long to sue my client. If I could establish that these conversations occurred more than six years before W3D filed the lawsuit, I'd file a very persuasive motion for summary judgement on the issue of laches. (For anyone unfamiliar with the equitable defense of laches, please see the link below, which is an order from one of Judge Casper's fellow district court judges. As part of my DD, I have read every msj order and Markman Order from this district since 2011.)
So when I said I hope your interview does not come back to haunt us, this is what I meant.
April 19, 2012, Judge Gorton grants all of IP plaintiff's msj issues (including great discussion on IP defendant's Laches and Inequitable Conduct defenses), and denied defendant's msj on Obviousness (this is a well-written opinion, a good read) -- http://www.gpo.gov/fdsys/pkg/USCOURTS-mad-1_08-cv-10285/pdf/USCOURTS-mad-1_08-cv-10285-3.pdf
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