I am long this stock as well as BCYP and VRNG. IMO, it is the judge that is the main variable. This Obama appointed judge put an MSJ in place of the Markman. The markman was NOT extended to another date as of today. Activision claims case law to back up their claim that WDDD can't use the IP in question based on the fact that after a lawsuit is filed, the IP can't be changed; that includes corrections, including mistakes made by the USPTO. This is my interpretation of why nobody is buying until there is indeed a markman scheduled and if this MSJ can be put to rest. just MHO. Lets hope like heck i'm wrong. Been wrong before, still holding.
USC 255 provides for certificate of correction as it applies to mistakes made by the Patentee. It is in the power of the District court to retroactively allow this correction. Now exactly why would'nt the District Court use that same logic when the mistake was the USPTO's and not the patentee? It would be ludicrous for the court to rule otherwise and grounds for an immediate Appeal victory, IMO.
"Although a valid certificate of correction is only effective prospectively, Southwest Software, Inc. v. Harlequin Inc., 226 F.3d 1280, 1295 (Fed. Cir. 2000) (“[F]or causes arising before its issuance, the certificate of correction is not effective.”), the district court can retroactively correct certain errors in a patent’s claims if “(1) the correction is not subject to reasonable debate based on consideration of the claim language and the specification and (2) the prosecution history does not suggest a different interpretation of the claims.” Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1354, 1357 (Fed. Cir. 2003). These “determinations must be made from the point of view of one skilled in the art.” Ultimax Cement Mfg. v. CTS Cement Mfg., 587 F.3d 1339, 1353 (Fed. Cir. 2009). "