Replies to post #31393 on Worlds Inc (WDDD)

[Patience to success]

WDDD was harmed by both PTAB and Bungie, and I think remading would not be an appropriate or equitable remedy in this case.

I totally agree, if demand I absolutely disagree.
Why we need CAFC for?????

Thank you abcd!

[cinnamonpee]

The court now knows that The ptab and Bungie tried to pull a fast one on worlds and the system. The question is, do the judges look the other way and remand this back to the very institution that broke the rules, or do they solve it right here and now? I'm hoping that they vacate on the grounds that worlds due process rights were violated and also all of the discovery that they need is right there in front of them. (internet contract) If they do decide to remand, then this process is just another way Activision/Bungie win at the delay game and make a mockery of the justice system. I say set a precedence here and now.

[AlphaInvestor8]

I find it hard to understand why those here keep suggesting there won’t be a remand to the ptab.

As you just stated “the cafc is not a finder of fact”

On the issue of real party in interest without the facts to support either side the ONLY thing the ptab did wrong (at this stage) was not follow correct procedure (and likely on purpose given how they game NPEs as it would lead to delay and remand and they knew it). They didn’t let it get to fact finding, by using a procedural veto for lack of a better term.

The PTAB did not opine on a set of facts and then say no bungie is not a RPI and thus allow the CAFC to say “sorry ptab you interpreted incorrectly” . Thus all the CAFC can remove is the “effective veto” and say you have to allow discovery and review the facts.

This is the issue here people don’t seem to be getting

1. There is a Procedure to find facts

2. Discovery and argument of those facts

3. Judges Opine on facts

3. Judges Rule

Given number 1 never occurred the CAFC cannot ASSUME a set of facts that have not been brought to light yet without discover and not argued yet. Since the CAFC will not partake in that discovery and argument process it HAS to be remanded.

This does not mean the CAFC doesn’t agree that Bungie could be a RPI but that they don’t have enough information to rule on and assess the ruling of the PTAB

The ruling by the ptab at issue was a result of an incorrect procedural decision. Simply they avoided ruling on the issue by not giving more discovery by shifting (incorrectly) the burden of proof.

As such there is no proof EITHER WAY that is substantive enough for the CAFC to rule. They do not make legal “jumps” , they rule on evidence and opine on past rulings.

In this case ALL THEY CAN DO is remand and spank the ptab for not allowing discovery and moving the burden of proof and ordering discovery on the subject.

People here seem to ignore how law actually works.