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cccc17

10/08/13 4:41 PM

#14765 RE: JDUR #14764

Do not get me wrong.

So far, based on my knowledge, I am 99% sure MSJ can not stand. But this is US court, anything can happen.

I want to know what if the 1% happens, how long it takes to have another markman.

flyersdh

10/08/13 5:45 PM

#14772 RE: JDUR #14764

The goal of ATVI's MSJ is not to start the process all over again. ATVI is trying to invalidate the patent, which would essentially terminate the lawsuit.

If ATVI can produce information that the invention was being publicly used longer than one year than the priority date, the patents become invalidated.