ATVI's goal has always been to use its shill, and Software Developer Bungie, to silence Worlds IP, and they've done a decent job.
Chief Judge Prost, Judge O’Malley, and Judge Taranto are deciding the PTAB Appeal.
Interesting enough Judge O'Malley 3 months ago had no problem REVERSING the PTAB and restoring the patent claims of DSS v Apple.
DSS TECHNOLOGY MANAGEMENT, INC., Appellant v. APPLE INC., Appellee ______________________ 2016-2523, 2016-2524 ______________________ Appeals from the United States Patent and Trademark Office, Patent Trial and Appeal Board in Nos. IPR2015-00369, IPR2015-00373. ______________________ Decided: March 23, 2018 ______________________ ERIC WILLIAM BUETHER, Buether Joe & Carpenter LLC, Dallas, TX, argued for appellant. Also represented by BRIAN ANDREW CARPENTER; ANDRIY LYTVYN, Smith & Hopen, PA, Oldsmar, FL. JON WRIGHT, Sterne Kessler Goldstein & Fox, PLLC, Washington, DC, argued for appellee. Also represented by DAVID K.S. CORNWELL, JASON A. FITZSIMMONS. ______________________ Before NEWMAN, O’MALLEY, and REYNA, Circuit Judges. 2 DSS TECH. MGMT. v. APPLE INC. Opinion for the court filed by Circuit Judge O’MALLEY. Dissenting opinion filed by Circuit Judge NEWMAN. O’MALLEY, Circuit Judge. In response to two petitions for inter partes review filed by Appellee Apple Inc. (“Apple”), the Patent Trial and Appeal Board (“Board”) issued a pair of final written decisions finding claims 1–4 and 9–10 of U.S. Patent No. 6,128,290 (“the ’290 patent”), owned by Appellant DSS Technology Management, Inc. (“DSS”), unpatentable as obvious. Apple Inc. v. DSS Tech. Mgmt., Inc., No. IPR2015-00369, 2016 WL 3382361 (P.T.A.B. June 17, 2016) (Apple I); Apple Inc. v. DSS Tech. Mgmt., Inc., No. IPR2015-00373, 2016 WL 3382464 (P.T.A.B. June 17, 2016) (Apple II). Because we find that the Board did not provide a sufficient explanation for its conclusions, and because we cannot glean any such explanation from the record, we reverse.
Totally agree! ACTI did in fact miscalculate. Once court options are exhausted, I think they will negotiate a settlement ASAP. Don't want treble damages.