ANOTHER point of failure identified: "notwithstanding the agreement with Nintendo", offer to Sony etc.
— Florian Mueller (@FOSSpatents) June 29, 2023
So Judge Corley appears inclined to take (over the FTC's objection) those market realities into account when evaluating whether there is a foreclosure incentive.
🧵40/X
Judge Corley places significant weight on Dr. Bailey's focus on the extent to which gamers actually play CoD, i.e. how many hours per year, and the FTC always just gets back to sales data and suggests people don't spend $70 if they're not going to play it
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵42/X
They keep going in circles: FTC keeps coming back to popularity.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge Corley: it's so popular. But a lot of people buy it and don't play it very much.
🧵44/X
Judge: can I ask you about Dr. Bailey's demonstrative? there was no dispute about it?
— Florian Mueller (@FOSSpatents) June 29, 2023
They just reference it by a number. I guess that's about how many CoD customers spend how many hours per year and what that means in terms of revenues.
🧵46/X
Essay Pro