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postyle

03/27/14 9:49 PM

#16639 RE: Kool Aid Drinker #16638

Good question. Not sure how long the wait will be.

The truth is this case is now at a crossroads after the MSJ order. The judge made it pretty clear she will have to decide whether to (A) dismiss the lawsuit or (B) allow the case to go on with past damages starting with the date of the correction certificate.

This is a pretty big decision and who knows how much time she will take in reviewing each side's arguments in support for either option A or B.

Obviously, if the case is dismissed WDDD can refile against ATVI with a new complaint. But from a timing standpoint that's not what investors want to see.

I'm not one to second guess a sitting Federal Judge, but it seems it could have been simpler to just decide this with the MSJ order rather than punt on the issue only to revisit it weeks later. Perhaps her thinking was -- that by providing each side a chance to weigh in on the decision -- it makes it less likely for her ultimate decision to be overturned on appeal. I dunno. I'm just thinking out loud.

Although I think the risk/return profile for WDDD took a turn for the worse with the MSJ order, I still wish good luck to anyone still involved here.