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tradetrak

09/07/18 12:45 PM

#32838 RE: tradetrak #32805

Just finished reading the decision and it seems clear that on the issue of RPI, the burden is on Bungie with a provision that any determination of such should be made in a manner consistent with the recently established precedent - ie including equitable and practical consideration of whether a no party is a clear beneficiary and whether there is a preexisting and established relationship between the parties.

The only downside I'm seeing on initial reading is the issue of collateral estoppel, which, if you'll recall was addressed by the judges during the hearing. In this ruling they seem to be calling for the PTAB to first determine that issue BEFORE addressing the RPI issue.

Would love to hear a take on this from some of the attorney's on the board