Replies to post #22474 on Worlds Inc (WDDD)

[stark12]

Thank you for your information and impressions.

If the burden of proof is truly on Bungie to prove the patents not valid, nothing in the arguments previously advanced in their documents or what I can glean from reports on the oral hearings sounds very convincing.

Was there anything in the hearing regarding the issue of Bungie acting as proxy for Activision? I am curious whether that argument is still being pursued by World's representation.

[Go_War_Eagle]

So if I'm interpreting this correctly, all we need is some claims won and then we are still "in the game" so to speak. However the PTABs decision still can be appealed by either us or Bungie? Seems like the PTAB ruling can be stretched out for another year with the possibilities of both sides appealing.

However, I think the best observation is the PTAB was asking questions about Casper's ruling. It seems like the PTAB would not want to contradict what a federal judge has already made a decision on. It seems like the PTAB board would look foolish if they somehow tried to interpret her decision any differently... JMO

[StockAlphaDave]

So there was agreement on Philips? The other poster seems to suggest otherwise.

I would think it (Phillips) was somewhat guaranteed even if the PTAB rules prior to expiration since if they alter the construction to BRI then if WDDD needs to appeal, it will be changed to Phillips regardless at the CAFC.

While the PTAB can do this, in order to avoid conflict (assuming they are acting logically) they would likely use Phillips- and if after nov 15 they must regardless as we know.

Now on your point of claim construction as a whole, it will be in unlikely (IMHO) that some claims are ruled invalid if Phillips is used. Remember the district court has already provided their views via the Markman and under Phillips. Should the PTAB adjust this it will create a conflict the courts dislike very very much. The PTAB has the right to, but again the courts do not like it.

In my view the most likely outcome is binary. Either the PTAB plays fair and we get through clean, or they find a way via some of the points you made to kill it in its entirety, and we all know the law is gray enough that if they want to play the crooked game they can.

[StockAlphaDave]

By the way, your post was one of the few useful ones I've seen on any patent stock board.

It is appreciated, even by the board anti Christ. Most people allow a lot of bias and subjectivity into their commentary. While yours and anyone's (including mine if I was there) would have bias, your post was relatively factual / objective you provided your opinion on those facts vs commingling the two.

Thanks. While I would never add sell or buy on message board posts, yours was informative and somewhat promising.

The issue as I have stated prior is will the PTAB play a clean or crooked game? If they played fair a lot of our concerns wouldn't even exist. I am sure longs here wouldn't have invested of they were concerned about patent validity and most still believe the patents are solid- so what the real concern is will valid patents still be killed - ie gaming.

The real risk for us is lack of honesty / integrity at the PTAB - and this has always been the basis of my point that in the end, trying to read what they will do via an oral hearing really does little for us.