I wish I knew! I don't think anyone could have an answer that is valid or worth anything in regards to that question - it's all a guess!
I think we know what we all hope for! This is how I see the issues.
1. PTAB is aggressive in its treatment of patents thus the 'death squad' commentary.
2. None of us know the nuances of these patents nor are any of us engineers so to have an intelligent view on what the PTAB would do based on this situation / these patents in particular / the legal arguments etc is unlikely from ANYONE on these boards. People suggesting win or loss are simply guessing. Using past statistics, while a proxy, is also an invalid one, as past cases have no bearing on future cases, ie past unrelated cases are not correlated - yet some want to argue they are - spurious correlation!
3. With SCOTUS looking at the PTAB I would 'guess' that while it doesn't matter to them day to day, they certainly know what is going on, and should they feel that they maybe have been crossing a line, that fear could drive those higher up to start being a bit more balanced in their approach - it could also have zero bearing, none of us know how other people (M.Lee and those in charge) will react.
4. For me, I just see this as a positive as SCOTUS is expected to rule by June, we shouldn't be seeing a PTAB ruling on this prior to that so SCOTUS may very well have a bearing. Regardless the additional scrutiny and concern alone is a message to the PTAB. In addition, if you look at the PTAB's response, they are suggesting congress should be dictating not the courts - to me this is telling. This tells me, Lee wants the bought off google politicians to decide what is the correct interpretation of the law? The absurdity of that argument is beyond belief. Congress is not in place to interpret law, the courts are. To me this smells very much of corporatism and Lee is front and center in regards to that. Also, the fact SCOTUS has accepted this is significant in my view. SCOTUS doesn't accept cases it doesn't see issue with, clearly they see this as signficant - which means there is a good chance we get a ruling that is more supportive of us than the PTAB. This is something not being factored into this stock. The market punished this stock because of the 'death squad PTAB' review, but has not acknowledged (while that risk is still there), there is a potential offset to that risk now. Moreover, should the PTAB rule prior, then a SCOTUS ruling contradicts their ruling, we would be in a position to appeal. Again, positive.
Thus, should SCOTUS side with the plaintiff here, it will have a significant impact for us.
5. I am more curious about what Activision / Bungie are thinking right now personally. There is now much more risk for them.
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