Replies to post #15020 on Worlds Inc (WDDD)

[Bsav88atty]

I'm just back from a long business dinner and need to get some sleep. I have reviewed the video, but I want to review it again and re-read some of the cases and statutes cited during the arguments before giving my thoughts here. I will say, however, that the ATVI attorney was very well prepared, extremely confident, and pursuasive. SG's attorney, a more junior attorney than I would have expected for such an important task, got off to a rough start. He was nervous and fumbled around a bit. But I do believe he ultimately made his point about the effect of the COC. That is, the federal circuit caselaw clearly holds that ATVI is on the hook for its alleged infringement from the date the certificate was issued to the date the Worlds patents expire. So, I'm still feeling good that my previously-stated worst-case scenario still holds true, which would at least provide Worlds the potential to recover over $300M in damages per Tink's recent damages model.

I'll dig into ATVI's first two points during my flight home tomorrow night. My initial thought is ATVI has a 50/50 shot at prevailing on those issues. The best argument that I recall from SG's young lawyer was between :40 and about :43 in the video where he citied the McDermott case to support his argument that, "We submit here that if any reasonable person reading the patent applications for the '045 and '690 patents would have had notice and clearly would have understood that those patents were claiming priority to the 1995 application." And to Judge Casper's question about the conflict in some of the patent documents (which ATVI did a great job pointing out), SG's attorney admitted the patent prosecution wasn't perfect, but argued the "totality of the circumstances leaves no doubt and looking at the back and forth between the examiner and Worlds consistently throughout, it was assumed and discussed that 1995 was the priority date..." This is probably Worlds best argument to overcome ATVI's first point.