Replies to post #36822 on Worlds Inc (WDDD)

[Patience to success]

If PTAB decide to return it back to CAFC, CAFC will rule favorable WDDD. What 's CAFC think about PTAB ? Bad performance evaluation ? PTAB consideration about this matter ?

[cinnamonpee]

Someone please feel free to step in if I get anything wrong here. If the Ptab decides to stick with their ruling it just means they have no idea how to get out of this mess they've created for themselves. Collateral Estoppel is the issue. If the Ptab rules that worlds is not estopped since Bungie should never have been involved because they were time barred, then Worlds will get to take ATVI and Bungie to court with all claims intact. Atvi is saying that some of those claims were already deemed invalid, so how can they be used against us? I think maybe the long wait is that the Ptab is trying to decide how this could effect future suits.(ours or others) Being some of Worlds claims had been deemed unpatentable during the Bungie fiasco, will the other litigants get a new crack at invalidating the claims or do the claims stand (validated) because of a so called technicality. it was the Ptab's mistake after all when they denied discovery. The Ptab needs to create rules for themselves on discovery and not rely on hearsay. I still don't have a clue as to why this would take that long. Does anyone else know of any other case going on that would affect the Ptab's decision on us.

[madprophet]

That is not what is happening. The PTAB will simply make their rulings.
Then if not favorable for WDDD, they will appeal to the CAFC.
If the rulings go in WDDD favor, I highly doubt Bungie will will appeal to the CAFC, but they might. I doubt they will because the CAFC really did come across as favorable for WDDD, but those particular 3 Judges wanted to allow the PTAB to fix their mistakes. Those Judges where not ones to go against procedure or want to set precedent.
But it s possible we end up back at the CAFC no matter what as that is on the table for both parties.