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Rainmaker80

11/11/15 7:18 PM

#20111 RE: Looking4BIGcash #20110

I would have thought good news would be WDDD's motion would be approved and they could prove Bungie is an Activision proxy vs allowing the delay game of patent challenges to continue.

This is not 'good' but its not terribly bad either, just will continue on in a normal process. Having a PTAB review overhanging any potential future settlement talks is actually leverage for the other side since there's still risk of patent invalidity.

Not sure why so many are trying to spin this as though its some positive news. If WDDD had won the motion people would be jumping up and down for joy. You can't win and say we won and lose and say we won lol!

Let's call a spade a spade and be factual bud! The only positive here, is unlike in VRNG, delay doesn't really hurt that bad since counsel is on contingency and cash burn is pretty negligiable, therefore a delay game really doesn't hurt us.

But it still does leave a significant risk on the table for us, which had we been able to prove the proxy issue would have de-risked this tremendously. Couple that with no MSJ and we would have been in a very powerful position in a trial and therefore well positioned to force a sizable settlement. But we are not there.