BOSTON, Nov. 14, 2018 (GLOBE NEWSWIRE) -- via NEWMEDIAWIRE -- Worlds, Inc. (OTCQB: WDDD) (“Worlds” or the“Company”), a leading intellectual property developer and licensee of patents related to 3D online virtual worlds, today provides an update from a recent November 7 conference call with the Patent Trial and Appeal Board (PTAB).
Thom Kidrin, Worlds’ Chief Executive Officer, commented, “We are pleased with the PTAB conference call from November 7 regarding our patent litigation against Bungie. The PTAB appeared to reject Bungie’s proposal to bifurcate the briefing of the two issues on remand. Instead, the Board seemed inclined to require the parties to brief both issues together. We look forward to continued progress on our patent litigation and will update shareholders when applicable.”
In the recent decision issued by the U.S. Court of Appeals for the Federal Circuit (“CAFC”) in Worlds Inc. v. Bungie, Inc.(http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1481.Opinion.9-7-2018.pdf), the CAFC remanded three inter partes review decisions back to the Patent Trial and Appeal Board (“PTAB”) for reconsideration of whether Bungie’s challenges of Worlds’ patents were time-barred based on Bungie’s relationship with Activision Publishing, Inc., a time-barred entity. On Wednesday November 7, 2018, the Patent Trial and Appeal Board (“PTAB”) held a telephonic hearing with Worlds and Bungie to discuss the procedures that will be adopted on remand.
During the call, the Board considered a number of items, including the briefing schedule for the remanded issues of: (1) whether Bungie is time-barred from petitioning for review of the Worlds patents in IPRs 2015-01264, -01319, and -01321 because of their pre-existing relationship with Activision, a time-barred entity; and (2) whether collateral estoppel prohibits Worlds from arguing that Bungie is time-barred on remand. See Transcript at pages 6-7. The Board also considered whether the evidentiary record should be reopened to allow for submission of new evidence on Bungie’s relationship with Activision. See Transcript at page 14.
Although the Board did not issue any rulings during the teleconference, it appeared to reject Bungie’s proposal to bifurcate the briefing of the two issues on remand. Instead, the Board seemed inclined to require the parties to brief both issues together. See Transcript at page 23. Further, the Board seemed to reject Bungie’s proposal for the parties’ simultaneous exchange of briefs, in favor of Worlds’ proposal of having Bungie file its briefing first, since Bungie has the burden of proving that Activision was not a real party in interest to the three prior-filed inter partes review petitions, and that Worlds should be prohibited from arguing that Bungie is time-barred on remand. See Transcript at pages 27-31.
Further, while the Board did not decide whether to open the evidentiary record during the teleconference, the Board did indicate that if it permits further evidence to be submitted, the evidence would not be limited to only the evidence Bungie voluntarily offers. See Transcript pages 41-42. Rather, if the record is re-opened, the Board will permit Worlds to test Bungie’s evidence, and seek broader discovery on Bungie’s relationship with Activision. See Transcript pages 42, 53-54.
Worlds is currently awaiting an Order from the Board to finalize the procedures on remand, and intends to vigorously defend its patents when that Order issues. A copy of the teleconference’s transcript of the can be found via the PTAB’s End to End (E2E) system, accessible here: https://ptab.uspto.gov/#/login
Worlds, Inc. (OTCQB: WDDD), is a leading intellectual property developer and licensee of patents related to 3D online virtual worlds. The Company has a portfolio of 10 US patents for multi-server technology for 3D applications. The earliest of these patents issued on an application filed November 12, 1996. A provisional patent application, serial number 60/020,296, was filed on November 13, 1995. These patents are related to each other and disclose and claim systems and methods for enabling users to interact in a virtual space.
For additional information about Worlds, Inc., please visit: www.Worlds.com.
This release contains certain forward-looking statements and information relating to Worlds Inc. that are based on the beliefs of Worlds' management, as well as assumptions made by and information currently available to the Company. Such statements reflect the current views of the Company with respect to future events including estimates and projections about its business based on certain assumptions of its management, including those described in this Release. These statements are not guarantees of future performance and involve risk and uncertainties that are difficult to predict. Additional risk factors are included in the Company’s public filings with the SEC. Should one or more of these underlying assumptions prove incorrect, actual results may vary materially from those described herein as “hoped,” “anticipated,” “believed,” “estimated,” “should,” “preparing,” “expected” or words of a similar nature. The Company does not intend to update these forward-looking statements.