FINAL Status of the Lawsuit – Dismissed on 13-10-2022.
Given that it has been over 18 months since the suit has been filed on 9-4-2021, and the court has NOT RECEIVED the ‘Consent letter of Indian government to sue Defendant 1 – USPTO, and summon Defendant 3 – WIPO – World Intellectual Property Organization and Defendant 4 – Intellectual Property India, for discovery and fact finding’, the court has dismissed the suit. Section 86 of CPC is cited for the dismissal of the suit. The court orders uploaded to the Bangalore city civil court website are attached here. I am waiting for the certified true copies of the orders. Essentially, the Honorable court has suggested that I refile the suit along with the ‘Consent letter of Indian government’, so that the proceeding against the defendants be initiated. I continue to wait for the ‘Consent letter’ from Legal and Treaties division of MEA.
Suit Details.
USPTO fraud elimination lawsuit has been filed at Bangalore city civil court. This is currently an active suit which is in Hearing stage in the court. The Honorable Bangalore city civil court judge requests for ‘Consent letter of Indian government’ thus addressing CPC section 86, to summon defendants and initiate the court proceeding.
The suit has been taken in by the Bangalore city civil court under section 20 of cpc. Both clause (a) and clause (c) of section 20 are applicable. I have paid fees by check and electronic funds transfer to all four defendants with bank statements to show the same that are in place. Given this, the defendants provided me services thus doing business with me, which has provision under section 20 of cpc.
Here is the lawsuit as filed:
Documents submitted to the court on 3-7-2021.
Documents submitted to the court on 22-7-2021.
Certified true copy of court order sheet dated 14-09-2021. Court is waiting for Indian government consent letter.
Communications with Indian government Ministry of External Affairs.
Communications to Legal and Treaties division dated 15-09-2021 about immediate and subsequent stages to conclude the lawsuit by executing 62 sale agreements.
Communications to AMS division dated 23-09-2021 about the Fraud elimination stage and Liability claim stage.
Communications to Summits division dated 24-09-2021 about the introducing Project Earthling(c) and Liability claim stage.
Communications to Protocol division dated 23-09-2021 about the Fraud elimination stage and Liability claim stage.
Documents submitted to the court on 01-10-2021.
MEA issued me a new passport on 11-11-2021.
The new passport has been issued with my fathers name corrected, since it was misspelled in my earlier passport. Accuracy of my identification information such as my name, my parents names, my address, is the most important for me, and India to bring the wealth from my invention into India by executing 62 sale agreements.
Defendant 1 – USPTO processed the Patent Maintenance Fees due at 7.5 years.
A Patent maintenance fees of $940 is due at 7.5 years from the grant of a patent. The window to pay the fees is open 6 months in advance. I faxed the forms to process the maintenance fees to USPTO on 9-12-2021. The window to accept fees opened on 16-12-2021, and they have accepted the fees. This LEGAL STEP confirms that they are prepared to now eliminate the worldwide fraud and breach of PCT the treaty in the court of law. My bank statement of December 2021, the maintenance fees status, and payment receipts are attached here.
Documents submitted to the court on 17-1-2022.
Activity on 30-8-2022. Documents 18A and 29A were presented to the Honorable court. Details about the suit were shared with the Honorable court.
Status of the Lawsuit.
Case given serial number OS 2487 / 2021. Court hall CCH-10.
Next hearing date for the lawsuit: 13-10-2022.
The suit hearing date is synchronized with the hearing date of suit OS 42 of 2022, which is a suit by way of which ‘Legal and Treaties division’ of MEA will be able to present the ‘Consent letter of Indian government’ to the court.
According to court orders dated 3-7-2021, the only ‘legal argument’ to be addressed on the maintainability of this lawsuit is the submission of the ‘consent letter of Indian government’.
On 22-9-2021 Mrs. Uma Sekhar, additional secretary of Legal and Treaties division confirmed via a telephonic conversation, that she had a chance to review the lawsuit, its documents, and that the consent letter of Indian government will be issued.
The court is waiting for the MEA – Legal and Treaties division to issue ‘Permission – consent letter of Indian government’ to try USPTO in the Bangalore city civil court, and also summon WIPO and Indian PTO (Intellectual Property India) for discovery and fact finding about the worldwide fraud committed by USPTO. I am waiting for the ministry letter to be submitted to the court on the next court date. Upon the submission of the letter, the summons will be dispatched by me to the defendants.
On 22-9-2021. Mrs. Uma Sekhar, Additional Secretary of Legal and Treaties division via telephonic discussion requested that I communicate and keep AMS and Protocol divisions informed on the subject. While AMS division is expected to issue the ‘Consent letter of Indian government’; Protocol division is expected to be involved in execution of 62 sale agreements.
FINAL Status of the Lawsuit – Dismissed on 13-10-2022.
Given that it has been over 18 months since the suit has been filed on 9-4-2021, and the court has NOT RECEIVED the ‘Consent letter of Indian government to sue Defendant 1 – USPTO, and summon Defendant 3 – WIPO – World Intellectual Property Organization and Defendant 4 – Intellectual Property India, for discovery and fact finding’, the court has dismissed the suit. Section 86 of CPC is cited for the dismissal of the suit. The court orders uploaded to the Bangalore city civil court website are attached here. I am waiting for the certified true copies of the orders. Essentially, the Honorable court has suggested that I refile the suit along with the ‘Consent letter of Indian government’, so that the proceeding against the defendants be initiated. I continue to wait for the ‘Consent letter’ from Legal and Treaties division of MEA.
Detailed status. Status of individual steps:
Issue of ministry letter to Honorable judge at civil court addressing CPC section 86 to summon the defendants into the court. To summon USPTO, the defendant that committed the fraud and breach of Patent Cooperation Treaty, WIPO and Indian PTO (Intellectual Property India) to assist and support the court in discovery and fact finding related to chronological sequence of events. When we say Ministry letter, one would imagine that it must come from Prime Minister Mr. Narendra Modi, or External Affairs Minister Mr. S. Jaishankar. However, upon multiple conversations, as one would realize that no minister in Indian government would interfere in the matters of judiciary, or court lawsuits. They provide direction to take action and act according to provisions of law, in this case according to Patent Cooperation Treaty and Indian CPC. The ministry has given full ownership of issuing the Ministry letter to their ‘LEGAL AND TREATIES DIVISION’ which is headed by Mrs. Uma Sekhar. They state the division is independent and will take action according to LAW.
The Legal and Treaties division of MEA has reviewed the lawsuit, and has directed me to keep AMS and Protocol divisions informed. I have informed both the divisions about the lawsuit and the pending court requirement of ‘Consent letter’. You can know about MEA divisions / teams at the website link: https://mea.gov.in/divisions.htm
Introduction of Project Earthling(c) to 193 world countries: I have written to Indian ministry of external affairs to the attention of Mr. Prakash Gupta, Joint Secretary of Summits division, and UNP division; about introducing Project Earthling(c) to 193 country delegates. Upcoming WIPO assembly session is being discussed for the presentation and decisive voting to take the macro-economic reform live.
To introduce the macro-economic reform to 193 countries, I have written to Mr. Antonio Gutteras, Secretary general of UN – Version year 2021; and also written to Mr. Volkan Bozkir, President of UNGA in UN – Version year 2021. I have also written about its introduction to ICJ judges; and several times in the last three years to various leaders, offices in other geographies, and other UN organs; with NO response or invitation from them. I look forward to introducing and bringing the macro-economic reform to its decisive voting of all 193 countries at the earliest.
Validation of my worldwide IP rights sale price by patriotic and pure Indian competent authorities: Given that there is no one single ‘Asset valuation authority’ in India, I have chosen a select set of organizations / authorities in India which have the required competence to do the valuation of my patented invention US 8,910,998, and its worldwide IP rights sale price. This involves looking at the automotive industry data, apply approved business / asset valuation techniques and methodologies, and arrive at the final sale price. I have requested these competent authorities to use the text book methods if required, by using methods adopted by most businesses worldwide, and give the resulting final sale price number without any fear and by avoiding, and ignoring any applied pressure on them from usa, uk, or their allies. It must also be recorded that kpmg, deloitte, e&y, and pwc refused to work on my patent worldwide sale price valuation work despite me offering to pay them for their services.
Introduction of UN global governance model 2020(c): This macro-governance reform, its introduction and the decisive voting for its implementation will follow after Project Earthling(c) goes live. The divisions of Indian Ministry of External affairs have been informed about the macro-governance reform. I have written about it to UN, to their dislike and hatred; as this would free the world and all its countries from the grip of usa.
Holding worldwide media houses hostage from introducing Project Earthling(c). I am hoping that Indian media houses and world media houses will introduce and cover this reform extensively in upcoming weeks. I have not received an invitation for conversations from any of the media houses yet.
OPEC informed: I have kept OPEC General Secretary Mr. Mohammad Sanusi Barkindo informed about this lawsuit. One to help them with their forecast and projection of polymer demand increase due to my invention over the next decade. And second to take up any oil VS electric – renewable battle at UN (or at UN global governance model 2020(c)) with a decisive voting on the subject to increase investments in the renewable area.
Thought of moving ICJ: By using 45% ownership of my wealth from this lawsuit according to my Living Will, by filing an India VS usa case, by having other 60 countries as linked parties or affected parties in the suit. This has also been mentioned to Legal and Treaties team of MEA. Given that UN and ICJ are paid in USD($), and controlled by USA with nearly no say to the rest of the world countries, no one in the world feels confident about getting real justice from ICJ. Unlikely that we will go in this direction. Visit my website webpage UN Global Governance Model 2020©, to read about the macro-governance reform.
Remarks about Liability claim stage of the lawsuit after Fraud elimination by USPTO.
The 62 sale agreements are expected to be executed in Bangalore city civil court. I must wait for Honorable judges orders on executing the 62 sale agreements in the city civil court or if he deems appropriate a special court appointed by him for the purpose.
MEA Legal and Treaties, Summits, and Protocol divisions must participate in the Liability claim stage of the lawsuit until all 62 sale agreements are executed.
Conclusion of this stage of the lawsuit might approximately take 24 months by one estimate from the filing date of this OS.
Defendant 3 – WIPO might with their 193 member countries and by using the scheduled WIPO assembly sessions, be able to get all 62 sale agreements executed in a single ‘agreement execution session at WIPO’. This is however subject to the orders of the Honorable court, subsequent to interactions with WIPO after their representation arrives in the court.
The proper court / proper forum for this lawsuit is the Bangalore city civil court, given that myself, an Indian citizen is the individual inventor to patent US 8,910,998. ICJ is not the court for this suit for multiple reasons. One of which is that they take in only country VS country cases. The only way this suit could go to ICJ is if INDIA leverages my executed Living Will and files a suit against USA with 45% ownership of my full wealth jointly alongside with me. This seems unlikely given the limitations and biased nature of UN and ICJ. Visit webpage for UN Governance Model 2020(c).
Some facts, legal arguments, and factors to be considered by the Indian Judiciary, and legal and treaties division of MEA, to deliver justice to me, India, and Hindus living in India are given here.
•PTO’S designated as ISA-IPEA are responsible, and accountable for their actions. They are answerable to inventors of all 153 countries that have filed PCT international applications.
•PTO’S are generally independent organizations while some countries consider them as government organizations. Here is the truth that must be a reality about PTO’S. PTO’S deal with, receive, process, and deliver decisive responses to applicants, by processing ‘100% confidential information which must be subjected to 100% privacy law’ until the publication of the application information happens. So, all PTO’S in the world must be considered and must function like independent organizations. Because, prior to publication, the inventions / patent applications / related information must not be disclosed even to country Presidents / Prime Ministers, if they are to be considered as government organizations.
•I paid fees via checks and electronic funds transfer to USPTO, WIPO-IB, Indian PTO (Intellectual Property India), IP lawyers Hulsey PC, LR Swami, and Chadha & Chadha. The PTO’S while providing services to me, did business with me. Section 20 of cpc has provision to bring them to Indian court.
•In India, district court is looking for final guidance from Supreme Court of India (and L&T team of MEA) to try USPTO in Indian district court. Alternately if Indian judicial system (decision of CJI) is that PTO’S are considered as government organizations, we have no choice but to file the suit at ICJ. Either way, Justice must be delivered to me, India, Hindus living in India; to 60 other countries, and the entire world.
Fees paid to four defendants and applicability of section 20 of CPC
Applicability of Section 20 of CPC, clause a which provides provision for bringing in defendants who have done business with plaintiff. I have paid fees for services provided by all four defendants in the suit USPTO (United States Patent and Trademark office – ISA), Hulsey IP lawyers, WIPO-IB (World Intellectual Property Organization – International Bureau – Receiving office), and India PTO (Intellectual Property India – ISA), thus doing business with them. I attach all the files pertaining to bank payments made to all four defendants and related to this lawsuit. The files include extracts of bank statements which contain the funds transfer entries, fee payment receipts given by WIPO, and images of checks where available.
Payments to USPTO and Hulsey lawyers
Payments to WIPO
The top 9 entries in second page.
Payments to India PTO
5th entry from the bottom of the second page. Reference number 481921.
A visual flowchart of sale price estimates, and the questions to be answered by all 193 countries is given in this file
The correct, right option available to the 193 world countries is given in this file
The worldwide fraud attempted by USA and UK, which is unacceptable to the 193 world countries. The wrong option is given in this file
Final 62 sale agreements expected to be executed through the Indian court.
Visit the webpage https://srinivasdevathi.com/details-of-36-sale-agreements-for-liability-claim-of-93-trillion/ for the full break down and details of the 62 sale agreements / 62 sale deals that will be the final resolution of USPTO fraud and breach of Patent Cooperation Treaty which has been signed by 153 countries. The webpage is in the dropdown list of CJI tab in the menu options at the top of the page.
Projected timeline for the execution of 62 sale agreements, to be tracked and followed by the entire world
Projection of timeline to conclude the execution of 62 sale agreements for the full value of 93 Trillion Earthlings. I am working towards achieving this timeline. However, I am bound by the procedures of Indian judiciary, introduction of Project Earthling© at UNGA, coordinating the schedules of 62 country leaders and designated signatories, media publications, broadcast, and discussion of the subjects. I plan on coordinating and working with all these stakeholders to achieve the following timeline. I am optimistic that the world (all 193 countries) will go along with me in this objective of delivering ‘Real independence and freedom to all countries’, and for the combined good and brighter future of all of humanity.
| Projected Timeline | Description of activities |
| Between January and September 2021 (Between Quarter 1 and Quarter 3 of 2021) | Finish the execution of USA two-party sale agreement, named as Srinivas – Hirshfeld sale agreement; for the full sale value of 22,500,000,000,000 $. |
| June or July 2021 | Introduce Project Earthling© at UNGA and bring it for decisive voting, by all 193 countries with one vote per country. Given the merits of the reform, I am confident it will be voted in with a thumping majority. |
| January 1st of 2022 at 00:00 hours Japan time | Project Earthling© to go live in an event broadcasted worldwide, to all 193 countries. GEC – Global Earthling Council would have been established and the council will have its own designated signatories. I (India) would have exchanged the 22,500,000,000,000 $ in to 22,500,000,000,000 Earthlings. |
| Between January 1st and December 31st 2022 | Finish the execution of 61 tri-party sale agreements for the full sale value of 70,500,000,000,000 Earthlings. You can access the details of these 61 sale agreements in the webpage: https://srinivasdevathi.com/details-of-36-sale-agreements-for-liability-claim-of-93-trillion/ |
The 61 tri-party sale agreements will be executed in a way to bring approximately 20% of the value in first year of the sale agreement (year 2022), with the balance (approximate 80% of the value) distributed to come in as payments payable to me in the next 13 years (years 2023 to 2035). The last payment would come in year 2035, a year after the expiry of my patent US 8,910,998 issued on 16-12-2014.
Tentatively planned launch of the first Earthling Foundation (public) trust initiative, which will be broadcasted and followed worldwide: June or July of year 2023.
The Bangalore city civil court fee calculation for 93 Trillion $ liability claim. The conservative number.
The court fee applicable is INR 2,47,125 for the first INR 80,00,000 liability claim. For the claim above INR 80 lakhs, a court fee of 0.5% is applicable.
Since USPTO will pay for the full liability in $, the court fees explained in $ (USD). Used the conversion rate of 1 $ = 72.65 Rs.
The court fee applicable is $ 3,402 for the first $ 110,117 liability claim. For the claim above $ 110,117, a court fee of 0.5% is applicable.
Calculation in $ for full liability claim of $ 93,000,000,000,000:
For the first $ 110,117, the applicable court fee is $ 3,402.
For the balance $ 92,999,999,889,883, the applicable court fee at 0.5% is $ 464,999,999,449
Total court fee for $ 93,000,000,000,000 liability claim is $ 465,000,002,851.
Calculation in INR for full liability claim of INR 67,5645,000,0000,000 (INR 67.5645 crore crores):
For the first INR 80,00,000, the applicable court fee is INR 2,47,125.
For the balance INR 67,5644,999,2000,000, the applicable court fee at 0.5% is INR 33,78,224,9960,000
Total court fee for INR 67,5645,000,0000,000 liability claim is INR 33,78,225,0207,125. More than INR 33.78 lakh crores.
Cause of worldwide liability date pegged at April 1st, 2019. Review the sequence of dates in the Lost / Grant date column.
Status of 15 national stage and 2 regional stage patent applications filed using PCT international application PCT/US2014/046619.
The interest calculations are given here only for informational purposes. Given the liability and court fee themselves are large numbers, I may not impose the interest, unless defendants invite it themselves.
Cause of worldwide liability date pegged at April 1st, 2019.
The worldwide liability was cased when two major automotive markets Korea and Japan applications expired on Feb 18, 2019 and Mar 13, 2019 respectively. By Indian financial year, I have pegged the cause of worldwide liability due to loss of IP rights on date April 1st, 2019. At a yield of 0.25% per annum, here is the interest USPTO needs to pay me. A low 10-year bond yield of 0.25% has been used to compute this interest on liability. Not compounding the interest. Applied simple interest. Compound interest could be computed by enthusiasts in this suit and settlement.
For FY 2019-2020: 0.25% of $ 93,000,000,000,000 = $ 232,500,000,000.
For FY 2020-2021: 0.25% of $ 93,000,000,000,000 = $ 232,500,000,000.
Liable interest accrued until April 1st 2021: $ 465,000,000,000.
Interest numbers in INR. Conversion used 1 $ = 72.65 INR. Simple interest and not compound.
For FY 2019-2020: 0.25% of INR 67,5645,000,0000,000 = INR 16,89,112,5000,000.
For FY 2020-2021: 0.25% of INR 67,5645,000,0000,000 = INR 16,89,112,5000,000.