Monday, October 13, 2014 4:13:13 PM
WDDD did file for a certificate of correction, to correct a problem that the USPTO made when they published the patent. As things stand today, the patents are valid from the original filing date but damages are only due from the date of the certificate of correction and forward. The thinking is that someone should not have to pay damages when they wouldn't know they were infringing due to the USPTO error in publishing the filing.
It is possible that on appeal this may change where damages would be due from the original filing date, but I am not counting on it and WDDD still has value with the shorter time period for damages.
WDDD stock crashed for a few hours on the day the motion for summary judgement (MSJ) was issued because the news headlines made it looks like that ATVI won the MSJ and that the patents were invalid. Only after some time had passed that day and people were able to read the opinion were people able to see that the patents were still valid. This was an unusual situation because normally when a side wins a MSJ, it is the end of the case, hence the panic for WDDD stockholders and the crash in the stock price that day.
Louis J. Desy Jr.
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