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Super Member |
Joined: 2-Oct-2003 Posts: 1573
From: Atlanta | | |
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| @Spectre660
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What this is about is the rights to OS4.0. Between Amiga Delaware and Hyperion. |
Specifically this passage from the document....
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Notably absent from the complaint, the motion, and the Declaration of William McEwen is any mention of a company named Itec, LLC, although Mr. McEwen did attach a copy of an agreement between Hyperion VOF and Itec, LLC to his declaration. Exhibit G. The role of Itec as initial assignee of the rights of Amiga Washington was not discussed in the motion papers until plaintiff’s reply. Dkt.# 33. Nowhere in the record is there a document demonstrating the initial transfer or assignment of rights from Amiga Washington to Itec. |
If there is not a clear transfer of assest from Amiga Inc W. to Amiga Inc D., my guess would be that Hyperion could argue that the IP remained with Amiga Inc Washington (who is now defunct) and because of clause 2.07, Hyperion now owns the OS.
Total speculation on my part, but a reasonable guess of events if Amiga Inc decides to continue with the trial.
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No one has yet challenged Amiga Inc's rights to anything else. |
Yes and No. The defeat of the injuntion doesn't determine rights, but Hyperion challenged Amiga Inc's rights as part of their defense against the injunction. Now that Hyperion has won and the Judge agrees there is a potential problem with rights, Hyperion may go on to contest the rights issue.
Plaz |
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