EDVA patent blog
Reminder: Summary Judgment Hearing in Worlds v. Activision Case Next Thurday
11
OCT
At 2PM next Thursday in Boston, Judge Denise Casper will hear Activision’s Motion for Summary Judgment arguments to grant the motion and Worlds arguments for why it should be denied. We have received quite a few emails and comments about the case in the past several days. To a considerable degree this is a “bet the ranch” motion for both sides. We have previously opined about the reasons we think the Judge will not grant this motion. Having said that, we disagree with those who argue that the certificates of correction received by Worlds mean the MSJ is now a foregone conclusion; it doesn’t. The Judge may still decide to grant the motion and while it is based upon a highly technical argument there is case law upon which she may draw. We have often been criticized for painting too rosy a picture so to be quite blunt we consider a “grant” of the motion by this judge as disastrous to Worlds… so much so that we see the stock falling into the mid-single digits (cents) quickly in such an event. So to all investors, that is your risk warning.
The flip side of this is that (again as we have said before) ATVI’s bringing this summary judgment motion now makes it much more difficult, and far less credible, for them to bring another MSJ later in the case. The Judge will rightly ask why it was not brought earlier when ATVI decided to make its ”all or nothing” motion as it stands today. It is our view that this case hinges on this priority date being upheld. Simply put, if it holds, we feel Activision’s defense, based upon the prior art it has submitted, is a loser. For added protection should they not prevail in this MSJ quest, Activision has filed an infringement action against Worlds Online Inc. and Worlds Inc. in the Central District of California. We view this as little more than a distraction aimed at chipping away at Worlds Achilles Heel which is lack of funds. We believe it is in Susman Godfrey’s interest to defend Worlds in that case but to a considerable extent that is background noise to the main event that will take place next Thursday. Some may ask what will happen to the value of the underlying Worlds stock should they prevail and to that I can say that we have no idea. If those following and/or invested in this stock are truly doing their homework then the case can be made for it to reach a new high. Time will tell.
News 
Market Data 
Discover 
