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PatentPlays

08/14/17 12:03 PM

#25907 RE: AlphaInvestor8 #25905

Alpha- I'm stating that the cases you reference are CBM patents. CAFC has terminated many patents and the PTAB has disqualified even more. However the cases I cite are similarly aligned to technology.

Read the "LOSING" AMICI Brief and imagine the discussion is about managing MMORPG "Enter and Exit Muliplayer Rooms"

AMICI

It applies to every name on this list...
Bandai Namco Games America Inc., Naughty Dog, Inc.,
Konami Digital Entertainment, Inc., Sega of America,
Inc., Electronic Arts Inc., Obsidian Entertainment,
Inc., Disney Interactive Studios, Inc., Sqare Enix, Inc.,
Neversoft Entertainment, Inc., Treyarch Corporation,
Capcom USA, Inc., Sony Computer Entertainment America
LLC, Atlus U.S.A., Inc., Sucker Punch Productions, LLC,
Infinity Ward, Inc., Lucasarts, a Division of Lucasfilm
Entertainment Entertainment Company Ltd. LLC, Warner
Bros. Interactive Entertainment, a Division of Warner Bros.
Home Entertainment Inc., Activision Publishing, Inc., Blizzard
Entertainment, Inc., Valve Corporation, Codemasters USA
Group, Inc., Codemasters Software Inc., Codemasters,
Inc., and the Codemasters Software Company Limited,
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22na22

08/14/17 12:06 PM

#25908 RE: AlphaInvestor8 #25905

[QUOTE]

Are you actually suggesting that the CAFC has not killed patents where 101 has been used as the basis of that decison?

What? I think I already gave a major one and there are many more - USE GOOGLE SIR



Just to try to show where you've gotten lost.

He's not saying that 101 hasn't been used for CAFC patent cases. He's saying that in the case you continue to bring up - GOOG vs. VRNG - the patents were killed using 101, because they were combinatory, using multiple patent ideas that was to the judges "obvious." I don't know too much about the VRNG case, but remember reading about the obviousness of it.

He's suggesting that a better comparison of WDDD's case is to that of VirnetX, in which the patent was NOT combinatory, but rather a "technical solution" patent, which is unobvious and therefore doesn't apply to the killing of VRNG's patents. PatentPlays is arguing that WDDD's patents are also unobvious, or technical solution patents, which I happen to agree with. As long as WDDD's patents are valid (we agree they are), and unobvious (decent feeling says they are), VRNG's 101 killing shouldn't apply to WDDD because of the inherent distinction in the obviousness of the patents, which is what killed VRNG's patents.

So I'm not sure if he is saying that the CAFC cannot kill patents on 101 - they did with VRNG - but that the patents involved more replicate VirnetX (in which the patents were not combinatory, and were unobvious), than Vringo (in which the patents were combinatory, and were obvious).

Hope this helps.