Wilkinson: it's not essential input. Big difference between being necessary as the case law says and "wonderful" etc.

Much more content because of suscription services, everyone would like to own the Bond franchise but only 1 owns. Doesn't mean others aren't successful.

🧵152/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Now Microsoft points out that FFXVI only on PS not Xbox.

No consumer is entitled to have the exact content they want. But in this case there's lots of competitors.

🧵154/X

— Florian Mueller (@FOSSpatents) June 30, 2023

FTC: if we had that document, we wouldn't have filed the case.

Judge Corley interrupts, but FTC insists: case law does not require they show something is a "must have", trying to point to $70B as evidence of scarcity

🧵156/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Judge points FTC to the fact that without the merger Activision wouldn't put CoD on a subscription service.

FTC trying to argue an independent Activision would do deals with multiple services.

🧵158/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Judge looking at FTC, says different evidence where very difficult to divest. Here, the parent-subsidiary relationship. She says if we stop the merger, there are some private equities, that's why we're here in such a rush.

🧵160/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Updated assessment: Judge Corley's doubts about the equitable part strongly suggests that the FTC is not going to get to kill a vertical merger here based on speculation. The court may agree with parts of the cloud theory, but the FTC has to overcome multiple hurdles.

🧵162/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Argument finished. Tomorrow at this time (5 PM) deadline for proposed findings of fact and conclusion of law under seal. By Monday at noon submit joint appendix of exhibits admitted.

So decision not likely on Monday I think.

FTC asks about public version of filings.

🧵164/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Judge Corley will file her order under seal. Parties will then propose redactions. Knows someone may very well appeal.

Judge says parties did extraordinary advocacy, recognizes tight deadlines.

🧵166/X

— Florian Mueller (@FOSSpatents) June 30, 2023

Judge recognizes that FTC managed to keep up despite not having same resources as Microsoft.

Also appreciated that many different attorneys on both sides were allowed to examine the witnesses.

So I'll do a Twitter Space later, like in 1.5 hours or so.

🧵167/167

— Florian Mueller (@FOSSpatents) June 30, 2023