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AlphaInvestor8

08/27/17 12:15 AM

#26551 RE: DataStream #26538

So you're an insider now? ok...lol

Sir, you also said 101 can’t be raised by Bungie or the courts and that Helge told you that – your quote below:

Regarding 101 challenges at the CAFC either by the judges or Bungie, that is out of the purview of both parties by law, ie it's not going to happen. I have confirmed this with Wayne Helge on a call today. Similarly, the appellate Judges cannot revisit and invalidate the claims that survived the IPR, that is also outside of their legal authority.



BOLDED AREA ABOVE 100% proven FALSE in my other posts – refresher below.

a. First you state Helge told you the above – I stated that Helge (or any lawyer) would NEVER discuss a case with a shareholder (they cannot by law but you ignore this), nor would he make that statement on 101 since it is factually INCORRECT and any patent lawyer would know this.

b. I then provided you with a PRECEDENT PROVING THE POINT THAT 101 WAS RAISED SUA SPONTE BY THE CAFC (Mayer) IN GOOGLE VS VRNG (to back that point up). Therefore, the comment that the courts cannot raise 101, as you intimated above and suggested Helge told you, is 100% FALSE (unless he’s stupid and an awful patent lawyer and if so sell sell!) –

Clearly the courts can raise 101 – this is a FACT AS ITS BEEN DONE IN THE PAST and if you don’t believe me go read the oral arguments of VRNG v Google. Mayer is the Judge who raised it FACT. Again, you ignore this FACT


c. Moreover, Helge cannot have told you that the courts cannot invalidate PTAB approved claims as per the article below – the article PROVES THE CAFC HAS INVALIDATED PATENT CLAIMS UPHELD AT THE PTAB…..read it! – Again, you ignored this fact

http://www.ipwatchdog.com/2017/08/09/federal-circuit-invalidates-patent-upheld-ptab-ipr/id=86617/

d. So sir, this really doesn’t hang together does it? No patent lawyer would tell you that 101 cannot be raised by the courts or that it’s “out of their purview” as you stated (because the courts can raise 101 and I proved it), yet you stated Helge told you that?? So what are we to believe? Are we to really believe that you spoke to Helge and he confirmed all of this and he’s that stupid? Because that is the only outcome that is plausible if your quote above was actually confirmed by Helge. If so, he clearly doesn’t know even the basics of patent law that you can find through a google search. I doubt that is the case.

e. In “c” above we also see that a party can appeal the claims that made it through the ptab, and as such those claims can be killed– all of this is fact and yet again, you tell us Helge says this is not possible in your quote above? Really? Are we to believe he told you this, and that WDDDs counsel doesn’t know basics of patent law? Really? But again, you ignored this FACT.

f. Sir you have stated Helge (WDDD’s patent litigation lawyer) has told you information about patent law that was FACTUALLY INCORRECT –ITS ABOVE IN the QUOTE. HELGE COULD NOT HAVE SAID THAT BY FACT, unless he’s a God awful lawyer and has no clue about patent law!!!! I think most of us realize Helge is not an idiot and he actually knows the law, so what is the only other plausible outcome of your quote? Perhaps Helge did not suggest what you are saying? It really is one or the other sir.

g. You have also ignored other factual points I made that suggest your view is incorrect. For example you also ignored the fact that Pacer itself SAYS CROSS APPELENT BRIEF!!!!! BUT YOU ARE STILL CLAIMING BUNGIE'S BRIEF IS NOT A CROSS APPEAL? REALLY?

i. ORDER granting motion to extend time to file appellee/respondent/cross-appellant principal brief [22] filed by Appellee Bungie, Inc.; Bungie, Inc.'s response brief is due 08/25/2017. Service: 06/27/2017 by clerk. [442324]

h. Again, after I raised all of these FACTS about the law you ignore all of them, and then your argument suddenly changed to you having read the Bungie filing, as if the Helge argument being killed didn't matter - it DOES matter sir. It's about statements made and credibility.

i. So on to that topic of the Bungie filing. I stated that it was impossible for you (or anyone) to have read the filing since it was locked on pacer and then all of a sudden poof! you’re an insider of WDDD with prior access! Sir, by FACT, WDDD DOESN’T GET THE FILING PRIOR TO IT APPEARING ON PACER, THEY GET IT AT THE SAME TIME as it appears. So by fact, you could not have read it prior. External parties on pacer see the filing the same time we do, the only difference is WDDD’s legal counsel has access and we do not. Are you working with Helge sir? LOL

j. Further, in regards to the access to the Bungie filing, the ONLY way you are privy to non public information (and Bungie filings on pacer that are locked from our eyes are considered non public sir) would be that you are an insider of WDDD! I highly doubt it but let’s continue on this path

k. An insider of WDDD would not be posting here sorry, and certainly would not be sharing NON PUBLIC information prior to the market having equal access to that information –that is just COMMON SENSE – and if you are doing so and are an insider, ouch not smart, the SEC doesn’t like that!

Some further education for you and the board to suss out the reality

Definition of Material Information.


Information is material if there is a substantial likelihood that a reasonable investor would consider it important in deciding whether to buy, hold or sell a security. Therefore, any information that could Both positive and negative information can be material. Because trading that receives scrutiny will be evaluated after the fact with the benefit of hindsight, questions concerning the materiality of particular information should be resolved in favor of materiality, and trading should be avoided.

Definition of Nonpublic Information.

Nonpublic information is information that is not generally known or available to the public. Information is considered to be available to the public only when it has been released to the public through appropriate channels, e.g., by means of a press release or a public statement from one of the corporation’s senior officers, and enough time has elapsed to permit the investment market to absorb and evaluate the information. As a general rule, information is not considered “public” until the first business day after public disclosure.


Finally

You say Bungie was ‘time barred’ because they missed the deadline to file the notice of cross appeal?

a. I know you looked at pacer and didn’t see a “cross appeal’ filing so you are making an ASSUMPTION / hoping you are correct that they didn’t file it on time

b. Let me educate you sir, WDDD’s notice of appeal does not show on pacer either does it? and just as it doesn’t show, neither will a notice of cross appeal – sorry but your “assumption” is incorrect

c. Also, please do re-read “g” above – taken directly from pacer – please focus on the bolded area – it states explicitly ‘extend time for CROSS APPELLANT BRIEF” – but again, please continue to ignore this FACT

I am not sure how anyone can logically suggest that any infringing company with a free option to appeal or cross appeal and kill the patents outright will not TRY to do so. And certainly, no patent lawyer would suggest an infringer would not utilize that free option and not make an attempt it. It is completely absurd to think otherwise – and well we’ve proven the issues with ‘Helge’ claims haven’t we?

Any suggestion that Bungie would just ‘give in’ is absurd, and if they do, it should tell you how INCREDIBLY WEAK the remaining claims are.

Summary

1. You stated Helge confirmed information contrary to my views (and contrary to law and legal precedent) and supportive of yours

2. I provided facts that showed that your comments are factually incorrect on a legal basis

3. Therefore, by logical implication, if Helge did actually confirm your views, then he doesn’t know anything about basic patent law (since the points above are facts and not debatable (101 sua sponte and the other article about the CAFC killing claims validated by the ptab) – I am sure most ‘get where I am going’ now

4. You argument then changes away from the Helge defense since that couldn’t withstand scrutiny and fact (yet you ignore it lol) to this new idea that you have somehow “read the Bungie filing” already

5. The Bungie filing was locked from public view, I state as such

6. To address that issue, suddenly you are an insider and were able to access the Bungie filing prior and of course it ‘verified your view’ – but no one else can confirm!

7. By logical implication, your sharing comments of that filing would make you an insider who apparently shares NON PUBLIC WDDD info on a message board.

8. So, are we are to believe someone who says he is an insider and has read the Bungie documents and is sharing that inside information (against SEC regulations) on a message board, when that same person just a few posts prior suggested that WDDD legal counsel backed a factually incorrect view on law? Really sir?

9. And again, let’s ignore that WDDD gets the filing the same time we all see it, they don’t get it prior so again, you couldn’t have got it prior



Sir to simplify all of this for you and others all you have said is

1. Paraphrase “I talked to Helge and Kidrin they told me I am right”

2. Yet, then I showed by FACT, that if you actually spoke to Kidrin and Helge they are clueless as they don’t know basic legal facts, thus it is highly improbable (outside of the fact legal counsel cannot speak of the case with anyone, especially with shareholders) that this occurred. I clearly don’t think they are clueless to law.

3. You have not shown how any of my arguments are false other than to keep repeating Helge told you this and that, but we’ve now addressed the plausibility of that haven’t we?

4. Your only other argument was that you are the only one (conveniently) that has read the Bungie filing and are thus an insider sharing non public information here

Sir, from what all can see, the arguments posited are based on non provable commentary and assertions of 3rd party validations that have been proven incorrect (Helge) OR of 3rd party validation that only YOU are privy to! LOL not suspect at all,

On the other hand, my arguments are based on law and precedents and links, none of which you’ve argued against.

Your entire argument was effectively “I am right because Helge told me so”. However, when I killed that, and you couldn’t argue ONE point that I made, you changed your argument to “ok I say so because I am the only one who can read the filing and I am endorsing my view with a document only I can see” LOL – I think most should be able to see the absurdity here sir.

I look forward to seeing the arguments put forth by Bungie (which will undoubtedly include attempts to kill the claims that made it through the PTAB). I have also proven beyond a reasonable doubt that Helge could never have confirmed the statements you suggested. Unless of course WDDD hired a lawyer with no understanding of law.

No need to respond, let’s wait and see if Bungie appeals the claims that passed the PTAB – a few days or so from now we will know for certain who is right and there will be no debate.