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Saturday, March 15, 2014 9:29:51 AM
The USPTO correction you refer to can only be applied "prospectively”. The judge wrote that specifically in the MSJ order.
There is a flaw with the priority chain of Worlds patents and the District court has just ruled that it can not correct this flaw. This is the main point being discussed.
As a result, there are serious doubts about how Worlds can and/or will proceed from here either in this case or in a new filing. This priority chain defect also creates a potential defense for ATVI in all future proceedings as well, so the problem just doesn't go away with a nice footnote from the judge in the MSJ and a cute PR from the company the next day.
Like everyone else on the planet who can not predict the unknown, I have no idea how the WDDD vs ATVI dispute will eventually be resolved. What I do know is that this is a very messy situation for Worlds that muddies the waters and creates additional risks relating to the overall timeline and its ability to recover past damages and future revenues.
Only in penny land can a major negative MSJ order be handed down and the shareholders think it is overall bullish.
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