Wednesday, October 09, 2013 1:58:35 PM
I try to provide the facts about WDDD. Worlds hasn't even been heard in court yet, because of all the delays. What do I think will happen next?
Once the motion for summary judgment is heard (and who knows if the government shutdown might delay this too), I think the evidence is in Worlds' favor, and the judge will adjust Worlds' first 2 patents to reflect the proper priority date, allowing the case to proceed to a Markman hearing.
Once the Markman is heard, I believe most of the claim construction offered by Worlds will prevail. If you look carefully at what Activision is trying to do with their claim construction, they are arbitrarily inserting words into the patent claims that just aren't there.
Once a ruling on the Markman hearing is made, I believe Activision will be more in the mood for a settlement, as they will begin to face enormous damages.
Oh, and by the way, I've looked at the facts in Activision's new lawsuit v. Worlds. Either Worlds is practicing what is claimed in the 2 asserted patents, or Worlds isn't practicing those claims.
If they aren't practicing those claims, then Activision has no case. If they are practicing those claims, then since Worlds' products predate those patents by 2 years, Worlds' products are prior art, therefore invalidating those patents. Either way, Activision has no case!
I believe the facts are favorable to Worlds in the long-term. If that proves to be the case, then the stock should rise considerably in the long-term.
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