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MountainMom

10/17/13 1:01 PM

#14877 RE: Tinkerer #14876

If she doesn't rule today I am worried that will drag the price down again since too many will think that is bad news for WDDD since she is taking more time to consider it all. It's already enough of a sweat that she is hearing this argument and canceled the Markman til further notice. I won't breathe easy until this part of this is past us.

Bsav88atty

10/17/13 1:06 PM

#14878 RE: Tinkerer #14876

SG has not responded to any of ATVI's counter arguments contained in its response to WDDD's opposition brief. The response was confident and well written, and it methodically rebutted each of SG's key arguments. So I suspect that Max will focus on arguing why each of ATVI's counter arguments should be rejected. If so, I do not believe Judge Casper will rule today, as she must consider WDDD's additional rebuttal arguments. The issues here are complex and require a good deal of time to understand, apply the law to the facts, and make a ruling. Indeed, I've been reading the briefs and some of the key caselaw on the administrative error, priority, specific reference, ADS, and applicable version of the regulation issues for a few weeks and I still not completely confident I have a thorough grasp of how this will go down this afternoon. One thing where I am certain is that under the worst-case scenario, WDDD will have an active infringement claim from the date of the Certificate of Correction, which could yield more than $300M in damages.

I will be on a long drive to an airport in South America during the hearing. I sincerely hope to arrive at the airport lounge, connect to wifi, and read some good news here.

GLTA