InvestorsHub Logo

Tinkerer

10/31/13 11:42 AM

#15188 RE: LOL #15187

LOL,
Thank you for providing the information. It appears you are correct, and that all future defendants will be subject to the six years of damages prior to the filing of new lawsuits. This makes WDDD's future much more lucrative.

Bsav88atty

10/31/13 12:06 PM

#15189 RE: LOL #15187

But the federal circuit court has consistently interpreted this to mean the "cause of action" is tied to the date of the COC. I'll have to re-read the caselaw, but I believe your interpretation is incorrect. The doctrine of collateral estoppel will apply. I'm holding close to 1M shares. So I'd much prefer you to be correct here. Moreover, if ATVI prevails on all the pre-COC arguments, this matter will be reviewed by the federal circuit, which has a much better understanding of IP law and will be in a better position to piece together WDDD's prosecution history. While we might lose at this phase due to Judge Casper's unfamiliarity with IP law and SG's less-than-stellar demonstration at oral argument, I strongly believe the IP judicial experts sitting on the Federal Circuit will connect the dots, reverse Judge Casper's ruling as a. After of law, and remand the entire enchilada back to Judge Casper. Just my thoughts.