Holy Roller--Case On "Godly Powers" Dismissed
2008-1350 Roller v. James Randi Educational
D/MN 07-cv-01296
Plaintiff Christopher Roller appeals from Judge John Tunheim's Order dismissing his infringement case against all defendants.
Roller has a patent application on "Godly Powers" which was published as 20070035812. Roller alleges that the defendants conspired to prevent him from filing the lawsuit, to kill him, and to infringe on his pending claims, which include:
1. Godly powers are being used on planet Earth. For example, technology (i.e. Electronic and Medical) is being assisted by godly powers throughout the planet. Godly powers could be used prior, during, and after godly product/procedure. For example; Before—in the making of a device, like a micro-processor chip. During—in the operation of a device, like an inkjet printer cartridge. Afterwards—like gradual scar removal from breast implant surgery. A magician might perform magic before, during, and after, for any given trick (“illusion”).
2. There is a plan governing our existence and actions—God's plan.
3. Christopher Anthony Roller is the godly entity powering Earth with godly powers as stated in claim 1.
Roller contends that the Patent Act's provisional right section, § 154(d), allows for a cause of action once the patent application is published (he is seeking unspecified royalties on everything). The court disagreed, noting that although § 154(d)(1) provides a remedy for pre-issuance infringement, no cause of action exists until the patent actually issues:
In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person. . . .
Notes: Showing great restraint, the court limited itself strictly to the issue at hand. There was no discussion of possible invalidating prior art (including Roller's own existence or use of his powers prior to the critical date), the impact of In Re Bilski, lack of enablement, etc.
Patently-O stumbled across the patent application when it was published.
It is hard for the mere mortals at PATracer to find the words to describe Roller--but you can check out this YouTube clip and hear directly from him.
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