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Extending patent term
Yeah, I can see how the language used makes it difficult to determine the exact term in this case.
I found this note about provisional applications from the USPTO useful in clarifying the matter. In there is states:
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Once a provisional application is filed, an alternative to filing a corresponding non-provisional application is to convert the provisional application to a non-provisional application by filing a grantable petition under 37 C.F.R. §1.53(c)(3) requesting such a conversion within 12 months of the provisional application filing date.
However, converting a provisional application into a non-provisional application (versus filing a nonprovisional application claiming the benefit of the provisional application) will have a negative impact on patent term. The term of a patent issuing from a nonprovisional application resulting from the conversion of a provisional application will be measured from the original filing date of the provisional application.
By filing a provisional application first, and then filing a corresponding non-provisional application that references the provisional application within the 12-month provisional application pendency period, a patent term endpoint may be extended by as much as 12 months.
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Worlds chose the later route. They filed a provisional application first, and then filed a corresponding non-provisional application referencing the provisional application. By doing it that way, "the patent term endpoint" was extended by about one year.
20 years from when patent was filed
According to 35 USC § 154 (a) (2) and (3):
(2) Term.— Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent* issues and ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, or 365 (c), from the date on which the earliest such application was filed.
(3) Priority.— Priority under section 119, 365 (a), or 365 (b) shall not be taken into account in determining the term of a patent.
So some dates...
Nov 13, 1995 - Worlds filed a provisional application to establish a priority date
Nov 12, 1996 - Worlds filed the first patent in their chain of patents
Apr 17, 2001 - Worlds was issued their first patent
Section 154 (a) (3) promulgates that the priority date "shall not be taken into account in determining the term of a patent". So the Nov 13, 1995 date is not "taken into account".
Therefore, the term of Worlds' patent chain goes from Apr 17, 2001 ("beginning on the date on which the patent issues") and ends Nov 12, 2016 ("ending 20 years from the date on which the application for the patent was filed"), a patent term of 15 years, 6 months, and 26 days.
* Notice the patent code uses the word "patent". A provisional application is never called a "patent".
See the intro page on this message board for more details (if you have hidden the intro page, you will need to unhide it)
Top 10 reasons I like WDDD
View the latest presentation.
Sprucing up the intro information
Would the other moderators mind if I cleanup the intro information for this board? The dates, patent history, timeline, and general information about the company could use some sprucing up. Perhaps I could clean it up and then you could make whatever improvements you see fit?
(Sorry about using a post. I don't have PM-ability)
Top 10 reasons I like WDDD...
https://docs.google.com/presentation/d/1c7VzSoYHpfiHI9Qngtb0ifRKvvCZp_hXMfj1JYTuChc/pub?start=false&loop=false&delayms=3000
I've added the motion for summary judgment and updated some of the dates.
Call of Duty: Ghosts, Preliminary Injunction?
The multiplayer aspects of the next version in the Call of Duty franchise, 'Ghosts', were unveiled last night...
http://www.pcmag.com/article2/0,2817,2423095,00.asp
Here's a video revealing the multiplayer features...
Bulger convicted of racketeering and conspiracy
http://usnews.nbcnews.com/_news/2013/08/12/19989231-whitey-bulger-convicted-of-racketeering-conspiracy?lite
Since Judge Denise J. Casper is the Judge in the Worlds v. Activision case, the latest scheduling dates are important. She is suggesting a meeting in September; sentencing could be Nov 13th @ 2pm ET (may also go into the 14th and 15th)...
https://twitter.com/JHall7news
Fear Takes Hold Again
Activision is trying to impede the inevitable. Maybe they think this gives them time to reach a more favorable settlement while they posture with their baseless arguments.
But maybe they are just digging themselves a bigger hole. If Worlds presses forward, either Activision's motion for summary judgment (whenever it happens to be heard) will likely be denied, or by then, the USPTO will have corrected their error and affirmed the patent chain all the way back to the 1995 provisional application (which even an activist judge must honor). In any case, Activision will now be facing a validated patent portfolio and their opportunity for a 'cheap' settlement will have vanished.
Next, the hole gets deeper with the Markman hearing. If Worlds prevails on most, if not all of their claim construction arguments, Activision will have to up any settlement offers considerably. At this point, Worlds will be in a position where going to a jury trial will make the most sense (and cents).
Activision is playing a dangerous game. The facts in this case don't bode well for them. They may be delaying themselves into a very damaging outcome.
Susman Godfrey wins these type of cases more often than not. That's why I added them as reason #8 of my Top 10 reasons I like WDDD.
Fear is once again creating an incredible opportunity.
Reason #8 - Susman Godfrey
Top 10 Reasons I Like WDDD
I've moved my list of reasons here.
Enjoy! More coming soon.
Top 10 reasons I like WDDD #9 Blitzkrieg
Let's continue this series with #9...
#9 Blitzkrieg
Step 1: Amass a strong patent portfolio — check: Worlds invents and patents technology via an unbroken chain of continuation patents back to 1995.
Step 2: Attack — check: Worlds begins their patent infringement battle against NCSoft in late 2008.
Step 3: Repeat step 2 and rinse — check: Now they are targeting Activision.
If a successful settlement/judgment comes against Activision (as it did with NCSoft), Worlds will no doubt pursue other infringers. I have no idea who they might go after next, but there are plenty of targets in this space. Here’s just a few they might consider:
Disney Interactive Studios Disney Infinity
This is scheduled to be released on Aug 18:
https://infinity.disney.com/
http://www.examiner.com/article/preview-disney-infinity
Disney Infinity is similar to Skylanders; the game uses collectible figurines that are then synthesized within the game, allowing for characters from Disney and Pixar properties to interact and go on adventures. It supports multiplayer. You can do two player couch co-op and four person multiplayer online. To help keep kids safe while playing online they’ll only be able to invite others into their games that are on their friend’s list.
Disney has spent over $100 million developing this title.
Electronic Art’s Battlefield
This series was initially released in Sep, 2002. On Oct 31, Electronic Arts is scheduled to release their latest sequel and the 13th installment in the Battlefield series, Battlefield 4:
http://www.battlefield.com/
http://en.wikipedia.org/wiki/Battlefield_4
Battlefield 4 multiplayer has been confirmed to contain 3 playable factions; U.S., China and Russia. Also confirmed are a new game mode known as "All Out War! Vehicle Combat" and the return of the "Commander Mode" last seen in Battlefield 2142, which gives select players an RTS-like tactical map and the ability to give orders to teammates.
Valve's Dota
http://en.wikipedia.org/wiki/Dota_2
Dota 2 is a multiplayer online battle arena video game. The game is currently available for early test access and will utilize a free-to-play business model when released. Dota 2 is exclusively available via Valve's content delivery platform Steam.
Dota 2 consists of session-based online multiplayer matches in which two teams of five attempt to destroy the opponents' fortified strongholds.
Riot Game’s League of Legends
http://na.leagueoflegends.com/
League of Legends is a multiplayer online battle arena video game. It is a free-to-play game, supported by micro-transactions. It was first released in Oct, 2009.
Rockstar Game’s Grand Theft Auto
http://en.wikipedia.org/wiki/Grand_Theft_Auto_V
The new multiplayer mode for Grand Theft Auto V is called Grand Theft Auto Online. Multiplayer will feature "Crews" similar to Max Payne 3. The new Social Club functionality will connect play across multiple titles, starting with Max Payne 3 and GTA V. By playing both games' multiplayer, crews that the player set up in one will be carried over to the other. GTA V will let players form private crews with friends, or join public crews. In late 2012, Rockstar said that "refining open-world multiplayer into something really special" had been a huge focus in the development of GTA V.
Microsoft Studio’s Halo
http://en.wikipedia.org/wiki/Halo_(series)
Halo 4 grossed $220 million on its launch day, with an estimated gross of $300 million in its opening week, marking a new record for the franchise. More than one million people played Halo 4 on Xbox Live within the first 24 hours of release. U.S. retail tracking firm NPD reported that Halo 4 was the second most sold retail video game of November 2012, the third most sold retail video game of December 2012, and the third most sold retail video game of the year. As of Dec, 2012, the game has sold approximately four million copies. In 2012, Halo 4 was the third most played game on Xbox Live based on average unique users per day.
The franchise has sold over 50 million copies worldwide, with the games alone grossing almost $3.4 billion.
Gearbox Software’s Borderlands
http://en.wikipedia.org/wiki/Borderlands_2
Borderlands 2 was one of the best selling games of 2012 with a total shipment of over 5 million copies since the game was released in September 2012.
The game supports two-player cooperative play through split-screen (on consoles), and up to four players playing co-operatively online or over a LAN.
Bethesda Softwork’s The Elder Scrolls Online
http://en.wikipedia.org/wiki/The_Elder_Scrolls_Online
The Elder Scrolls Online is an upcoming massively multiplayer role-playing video game developed by ZeniMax Online Studios, to be released in Spring 2014. It is the first open-ended multiplayer installment of The Elder Scrolls video game franchise. It was announced on May 3, 2012.
Sony Computer Entertainment’s Gran Turismo
https://en.wikipedia.org/wiki/Gran_Turismo_(series)
In Japan, Gran Turismo 5 debuted in the software chart at number one, and this helped PS3 console sales more than double for the week ending November 28, 2010.
As of September 2012, Gran Turismo 5 sold over 9 million units. For 13 days, 423,000 copies of the game were sold per day, helping to break sales records in Europe. Gran Turismo 5 is the best-selling video game for the PlayStation 3. The Gran Turismo series as a whole has now totalled more than 65 million units sold so far worldwide and remains the highest-selling PlayStation-exclusive franchise of all time.
Summary
Defending a litigation action for infringement is extremely expensive. Companies usually want to avoid that and so are likely to settle out of court. If Worlds can reach settlements with just some of these and other infringers, they will be able to generate substantial revenue.
And that is reason #9 why I like WDDD.
Top 10 reasons I like WDDD. #10 Fear
This series will be presented over the next couple of weeks. Let’s start with #10...
#10 Fear
A wise man once said:
Wow! You couldn't get any closer to the root of Worlds' patents with that dialog:
"It's a monster breakthrough"
"It allows more players to occupy a single space at the same time"
"Right now, online games can only handle so many players in one area before the program slows down or crashes"
"So more players can play together at the same time"
"It's a new platform standard"
"It's a game changer"
"We're talking about some big money"
Excellent find Casper7.
UBSS just showed up with a 176K bid @ 0.43