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Re: coolerheadsprevail post# 14608

Saturday, 10/05/2013 6:25:46 PM

Saturday, October 05, 2013 6:25:46 PM

Post# of 46781
Irrespective of how the judge rules a case against Activision will proceed. The Certificates of a Correction validate the provisional filing date and the court can not negate that fact. Likely an amended complaint if an adverse ruling on the immediate case. There is also case law where the courts have granted the case to proceed after Certificates were issued without dismissal of the case before the court.

Keep n mind that this scriveners error occurred as patent applications were transitioning from manual to digital filing.
The USPTO acknowledged this error on two occasions and stated in wring that they would correct the error prior to the request for the recent certificates of Correction and the court will consider that fact.
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