Friday, October 04, 2013 11:58:24 AM
I don't think they have a good argument for the MSJ though. They state, "However, any certificates of correction that Worlds may obtain in the future will have no effect on Worlds’ [infringement] claims in this case."
So basically they are stating that worlds admitted prior use of the patents a year before, thus allowing us to infringe on their patents with no trial.
Another big issue is the certificate of correction was not based on claim construction, simply the effective (priority date) of the patent and was not the fault of worlds.
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