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Super Member |
Joined: 19-Jun-2005 Posts: 1714
From: Melbourne, Australia | | |
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| @jkirk
Quote:
'm not either but i don't think it would be necessary to make them a countersuit defendant just to get a subpeona for info or for testimony. as such i am baffled by this course of action. |
Well, you could just go and *read* the documents. Anyone can open a PACER account, and $0.08 per page are really not too much.
What happened here is that Itec sent a cheque for $25k and demanded the OS. This was probably intended as a stop-the-clock move, making it completely unambiguous that $25k were indeed paid within 6 months of December 24th, 2006. Hyperion, however, quite rightly (and rather gleefully) point out that now they have been contacted by two separate entities, both of which are making separate claims to the OS4 IP, and that thus things have just gotten more complicated.
They then (rather oddly) propose to add Itec as a co-defendant to their counterclaim. This is odd because their previous statements were all about AI(D) and Itec being separate and essentially unrelated entities, and now they want to throw them together? I'd be surprised if that is going to fly --- can't very well counter-sue against Itec when they haven't actually sued in the first place. In fact, given that Hyperion contends Itec is not a successor to the interest in the original OS4 contract, one has to wonder how Hyperion considers Itec (a New York company) to have agreed to Washington jurisdiction....
One slightly bizarre aspect of the new docs is that the actual amended counterclaim was submitted as a fully annotated Word history --- i.e. it showed in the margins (of the PDF) where things were changed, deleted or added (the latter being shown through different text "colour"). While that makes it rather convenient to concentrate on the changes, I wonder whether this is accepted practice (and if so, if there is any need to guarantee that all changes are marked up --- nothing like a little sneakiness :)
Last edited by umisef on 27-Jun-2007 at 04:08 PM.
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