8/30/13 Status of WDDD:
Since the status of patent litigation companies is always changing, this post will help update the IHUB followers of WDDD:
The Motion for Summary Judgment (MSJ) hearing is scheduled for October 17. ATVI filed for the MSJ on the basis that the cover sheet (first page) of WDDD's '045 patent did not show a permanently granted date on or before November 13, 1995. WDDD has always contended the lack of proper dating was a clerical error by the United States Patent Trade Office (USPTO); nonetheless, precise dating of permanent patents is a large key to patent validity. Permanent patents must have been filed within one year of the granting of a provisional patent; if they are not filed within one year, the patent is invalid. Judge Casper granted ATVI the requested MSJ hearing; the Markman hearing was postponed. All these legal maneuvers took place between mid-June and the end of July, 2013
On August 14, 2013, the USPTO notified WDDD that the clerical error of the dating of the '045 patent had been corrected. Therefore, the main issue surrounding ATVI's MSJ has been resolved, officially, by the USPTO. The correction paperwork has been initiated, and WDDD expects the paperwork to arrive in the mail within about one week.
Some near term catalysts to watch for between today and October 17 are:
1. A press release from WDDD saying they have received the USPTO correction in the mail, and therefore have it in hand.
2. A request from WDDD that the MSJ hearing scheduled for October 17 be cancelled for the reason that the issue to be determined at the MSJ hearing (the dating of the patents) has been officially resolved by the USPTO.
3. A request from WDDD that a Markman hearing be scheduled either in place of the MSJ hearing or in addition to the MSJ hearing.
Having the MSJ hearing is not a negative catalyst for WDDD, and in fact could be quite positive as it will reiterate what the USPTO has already affirmed. But if the MSJ hearing is replaced with a Markman hearing, this will prove to be a rather large positive catalyst.
MODERATORS:
Could one of you either "sticky" this post as is, for the benefit of those wondering where WDDD is currently at, or could one of you who know far more than I about the current status of WDDD add additional status insights and then "sticky" it? I think it would be helpful for everyone who visits this board.
Cheers.
