Replies to post #17714 on Worlds Inc (WDDD)

[rolvram]

WHAT IS OMITTED HERE IS THE FACT THAT WORLDS DID INDEED REFER TO THE PROVISIONAL PATENT IN THEIR COMMUNICATION WITH THE USPTO. THE USPTO SIMPLY FORGOT TO PUT THAT REFERENCE WHEN ISSUING THE PATENT. IT WAS A MISTAKE BY THE USPTO AND I DISAGREE WITH CASPER'S RULING THAT THIS FLIPS THE TABLE AROUND CALLING WORLDS PRACTICE ON THEIR OWN PATENT PRIOR ART. THE PROOF IN THE PUDDING IS THE FACT THAT SHE DID NOT DISMISS THE CASE BASED UPON THE PATENT BEING INVALID BUT RATHER GAVE THE OPTION TO OK THE CORRECTION DATE AS STARTING DATE OR DISMISS AND WORLDS REFILE THE CASE. WORLDS, SURELY TIRED OF WASTING YET MORE YEARS AND WANTING TO SET A PRECEDENT AGREED TO THE CORRECTION DATE AND THUS THE CASE MOVES FORWARD. THE NEXT STEP WAS THE HEARING THAT JUST HAPPENED, NOW WE AWAIT THE MARKMAN DECISION AND A TRIAL DATE. I'D EXPECT A MARKMAN DECISION AROUND FEBRUARY 1 AND A TRIAL SOMETIME IN THE SPRING. DEPENDING ON THE MARKMAN DECISION THE PERCENTAGE CHANCE FOR SETTLEMENT WILL GO UP OR DOWN AS WE ARE IN POTENTIAL TREBLED DAMAGES TERRITORY.

REH/LONG

[DataStream]

The Application Data sheet did not exist at the time the new rules were promulgated and was a result of combining the technical specification sheet with the data sheet of which Worlds did reference the provisional patent application date.
That will be one of the basis for appeal on this ruling at some future date.

[PatentPlays]

"Cut and paste from the Order"


"All of the Patents-in-Suit reference U.S. Patent No. 6,219,045 (“the ‘045 patent”). ¶¶ 7, 13, 16, 19, 22. The ‘045 patent was filed on November 12, 1996 and issued on April 17, 2001. ¶ 8. The ‘045 patent does not claim priority to any earlier filed application and does not contain any reference to the Provisional Application. ¶¶ 9-11"


"1. Under the old rules:
The 1996 version of the regulation requires reference to a “prior provisional application” “in the first sentence of the specification following the title.” 37 C.F.R. § 1.78(a)(4) (1996). There is no dispute that neither the ‘690 patent nor the ‘045 patent reference the provisional application in the first sentence following the title. Accordingly, neither patent can claim priority to the provisional application"


amended, 61 FR 56439, Nov. 1, 1996, effective Dec. 2, 1996

045 patent was filed on November 12, 1996

Both set of rules were effective with multiple changes after Worlds filed the 045 patent.