Wednesday, October 23, 2013 12:09:09 PM
This was filed after the November 29, 2000 effective date to section 1.78, so the Judge may see this as irrelevant (she already noted the effective date during the MSJ). The certificate of correction was also in place at the time of the settlement.
Worlds points out MPEP $ 1481.03 that states, "for applications filled before November 29, 2000 it ís the version of 37 C.F.R. S 1.78, which was in effect as of November 29, 2000, that applies." The court is not bound by this and can rule as it pleases.
I don't believe the judge will rule in favor of worlds because she already has dismissed MPEP regarding the effective date of section 1.78.
I believe the best case is worlds will be able to sue for damages after the certificate of correction (8-14-2013) and the worst case is this is just dismissed.
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