Worlds Inc (WDDD)

[notaclueyet]

In this case, Worlds alleges continued infringement through the lives of the Patents-In-Suit. D. 32. Indeed, nothing about the Court’s order prevents Worlds from asserting infringement from the date of the certificate going forward. E.I. Du Pont De Nemours & Co. v. MacDermid Printing Solutions, L.L.C., 525 F.3d 1353, 1362 (Fed. Cir. 2008) (noting that “each act of infringement gives rise to a separate cause of action” and concluding that, while a certificate of correction will not apply if it issues after the “cause of action arose,” it can apply to future infringing conduct). In light of the foregoing, the Court declines to enter judgment in Defendants’ favor at this time. Instead, the Court ORDERS the parties to meet and confer to discuss whether the appropriate course of action is for the Court to dismiss the instant action (without preventing Worlds from commencing a new action alleging infringement from the date of the certificates going forward), or merely confine this decision to infringement allegedly occurring from the dates the patents issued through the lives of the Patents-In-Suit. The parties shall file a joint statement, not exceeding more than five (5) pages, outlining their respective positions with the Court no later than March 27, 2014.