Replies to post #34949 on Worlds Inc (WDDD)

[buylosellhi]

Thanks for the insight Mad.

[cinnamonpee]

How do they discuss either (privy or control) now that discovery has been shelved? It was put back on Bungie to prove. How does one prove if that door is shut? Are they even allowed to argue this? Kinda like an episode of Scooby Doo. "I would have gotten away with it if it weren't for those pesky kids".

[abcd12]

CAFC has spoken and decided that privity the standard. So "privy" is the law of the land and PTAB must follow the court's "decree" and adopt the privity standard.

Since we (judge and ordinary citizen) all look at things differently, the question now is, what is PTAB's interpretation of "privity" and "control" in the context of RPI in this case?

My first take is this-

It will come down to whether PTAB adopts privy vs control.
CAFC favors privy, PTAB first go round was focused on control.
As was Worlds. CAFC kept hammering privy and thus Worlds has adopted that.
It is one of the reasons why I think if t goes back to CAFC its a slam dunk. Worlds can prove privy as it is much more broad, they are having a real hard time proving control with existing evidence. PTAB did not allow new evidence, so that is why this issue is the biggest concern for me.

I have not looked at the cited cases yet, so haven't dug into it.
Just my first take.