EDVA'S PATENT BLOG
WDDD Officially Receives Certificates Of Correction – Files Motion To Reinstate October 17 Markman Hearing
25, SEP
Worlds has filed a “Notice of Supplemental Authority” motion with the court in which it has submitted copies of certificates of correction (received yesterday from the USPTO) upholding Worlds Priority Date of November 13, 1995 (on the ’045 and ’690 patents) and asks that the October 17, 2013 Markman hearing date be reinstated to be held in conjunction with the Motion for Summary Judgment hearing. Absent that, Worlds asks for a new Markman date to be set at the earliest possible time. Certainly the case for reinstating the Markman date is logical but we are not comfortable speculating on what Judge Casper might do.
If you want to catch up on what the certificates of correction mean or how this fits into the case please read our earlier post on the subject. In short, Worlds receiving these certificates sends an enormous shot across the bow to Activision, one which may well result in undermining their entire defense.
I am posting Exhibit A and Exhibit B to the motion filed by Worlds counsel yesterday. These exhibits are actual copies of the certificate of correction. In addition you can find the full motion here.
I would encourage interested investors to go back and look at our prior posts relating to the arguments that will come at the Markman hearing (should Judge Casper reject ATVI’s MSJ, and we think she will) and the likely damages that Worlds will seek. These arguments are every bit as strong today as when we originally posted them.
