It helps WDDD if somehow a court CAFC or SCOTUS says yes in fact this is correct, and the PTAB can't retroactively invalidate patents before the AIA was put into place. The easy explanation is you put all this money into getting your patents validated, you pay the fees, and everything, but nobody told you you could have them invalidated through PTAB, after the AIA you know that is possible, so you know what you are signing up for,
WDDD patents were issued pre AIA, so that would make them unable to be invalidated by PTAB if the CAFC ( which to my knowledge doesn't have authority to do that and I very well could be wrong) or SCOTUS takes another case that raises this question, and then SCOTUS rules that is the case. SCOTUS left the door open, but didn't take it upon themselves to walk through it like I had hoped they would.
If you go back and look through my old posts , or go the SCOTUS Oil States page and read tehorugh the assorted briefs you will find a pretty brilliant brief that spells this out for you Pre and Post AIA constitutionality.
Makes a great argument for doing exactly what Virentx wants done...
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