Thursday, August 25, 2016 12:22:20 PM
35 U.S.C. 255 Certificate of correction of applicant’s mistake.
Whenever a mistake of a clerical or typographical nature, or of minor character, which was not the fault of the Patent and Trademark Office, appears in a patent and a showing has been made that such mistake occurred in good faith, the Director may, upon payment of the required fee, issue a certificate of correction, if the correction does not involve such changes in the patent as would constitute new matter or would require reexamination. Such patent, together with the certificate, shall have the same effect and operation in law on the trial of actions for causes thereafter arising as if the same had been originally issued in such corrected form.
What this means is the years lost can be tacked onto the end. Yes this will be traded with a multiple. Yes the enfringers will be paying for ten to fifteen years after this is settled. Use your brain and connect the dots. ATVI counsel stated in court their client could loose billions. You can Google that for yourself. The remaining companies may not be behemoths of the industry but if you combine their sales you will also be in the billions annually.
So even if there is no treble initially and the ruling is 6% of 2 billion you would be somewhere in the $3p/s range after legal fees, taxes, etc. Then use a multiple of your choosing. Then consider the ongoing royalties for ten to fifteen years.
After you consider the above please comment back to me with an intelligent rebuttal of fact that your current position has more merit than mine.
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