Worlds Inc (WDDD)

[Tinkerer]

New Pacer out last night: #107
WDDD requests the Markman hearing on October 17 or the earliest feasible date (I bolded the request below):


UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
WORLDS, INC.,
Plaintiff,
v.
ACTIVISION BLIZZARD, INC., BLIZZARD
ENTERTAINMENT, INC., and ACTIVISION
PUBLISHING, INC.,
Defendants.

Civil Action No. 1:12-CV-10576-DJC
JURY TRIAL DEMANDED

WORLDS, INC.’S NOTICE OF SUPPLEMENTAL AUTHORITY IN
OPPOSITION TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff Worlds, Inc. files this Notice of Supplemental Authority to bring to the Court’s attention authority that is relevant to Worlds’ Opposition to Defendants’ Motion for Summary Judgment (Dkt. No. 89). On September 24, 2013, after the conclusion of the summary judgment briefing, the PTO issued Certificates of Correction for U.S. Patent Nos. 6,219,045 (the ‘045 patent) and 7,181,690 (the ‘690 patent), which make clear that the ‘045 and ‘690 patents are entitled to a November 13, 1995 effective filing date. See Decl. of R. Caughey, Exs. A and B. The Certificates of Correction are highly significant because they reflect the PTO’s recognition that the ‘045 and ‘690 patents are entitled to claim priority to Worlds’ November 13, 1995 provisional patent application. For this reason, the Certificates of Correction moot much of Defendants’ Motion for Summary Judgment. See Inland Paperboard & Packaging, Inc. v. Sihl GmbH, 2005 WL 1528240, at *1 (S.D. Ind. June 21, 2005) (denying summary judgment because defendant’s “argument for invalidity would be moot” if the PTO were to grant certificates of correction). Irrespective of any other issues, the Certificates of Correction apply prospectively to Defendants’ ongoing infringement. See E.I. DuPont de Nemours v. MacDermid Printing, 525 F.3d 1353, 1362 (Fed. Cir. 2008) (certificates of correction apply prospectively to all future acts of infringement, and “each act of infringement gives rise to a separate cause of action”). Furthermore, Worlds renews its request that the Court promptly schedule the Markman hearing. In light of Defendants’ Motion for Summary Judgment (which Defendants contended was case-dispositive), the Court postponed the Markman hearing indefinitely. Now that the PTO has issued the Certificates of Correction, this case will go forward regardless of the Court’s decision on Defendants’ Motion. Therefore, Worlds respectfully renews its request to hold the Markman hearing on October 17, 2013, simultaneously with the summary judgment hearing. In the alternative, Worlds respectfully requests that the Court set the Markman hearing for the earliest feasible date.

Respectfully submitted,

Worlds, Inc.
By its attorneys,
/s/ Ryan V. Caughey
Max L. Tribble (admitted pro hac vice)
[e-mail]
Brian D. Melton (admitted pro hac vice)
[e-mail]
Chanler Langham (pro hac vice pending)
[e-mail]
Ryan Caughey (admitted pro hac vice)
[e-mail]
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
Telephone: [phone]

Filed 9/24/13