On January 17, 2008, Judge Ricardo S Martinez has:

- GRANTED Itec LLC's motion to Dismiss or in the alternative, Transfer (the claims brought by Hyperion to join Itec as counterclaim defendant in the Washington case) - Doc #96

- DENIED Amiga Inc.'s motion to Quash Subpoena Duces Tecum to Cairncross - Doc #97

More on Justia.com : Amiga Inc v. Hyperion VOF


EDIT: In order to avoid starting yet another thread about AInc vs Hyperion, I thought it would be better to add further updates here. So here are the quick jump to :

- Amiga Inc v. Hyperion VOF (update 31 Jan 2008) (about Doc #98 on Justia)
- Amiga Inc v. Hyperion VOF (update 19 Feb 2008) (about Doc #99 and Doc #100 on Justia)
- Amiga Inc v. Hyperion VOF (update 22 Feb 2008) (about Doc #101 on Justia)

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@AmigaPhil

And the beat goes on. Looks like the ITEC case will be held in NY. Ouch.

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@AmigaPhil

I count it as two wins for AI and one for Hyperion. Very interesting especially about the Itec and Amino cases. The cool thing is we may get to see the whole deposition now that Hyperion is liable to get it, which I've wanted to see for years. But all 3 cases going forward is really interesting and cant make Hyperion happy.
-Tig

Last edited by Tigger on 18-Jan-2008 at 07:32 PM.

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@wolfe

Quote:

Looks like the ITEC case will be held in NY. Ouch.

Yeah. I wonder how well William A Kinsel (Hyperion's only lawyer) will do fighting on three case fronts at the same time.

@AmigaPhil

Two small steps toward finally resolving this whole ownership issue. I wonder what each side's next step will be.

Hans

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@AmigaPhil

Quote:

AmigaPhil wrote: @wolfe Quote: Looks like the ITEC case will be held in NY. Ouch. Yeah. I wonder how well William A Kinsel (Hyperion's only lawyer) will do fighting on three case fronts at the same time.

Lucky for him that there's so much overlap between the cases. Much of the evidence gathered for one case will no doubt be useful in the other two. I'd say that this simplifies the individual cases, but makes the overall outcome more complex. The outcome of one case may affect the others (depending on what that outcome is).

Hans

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@Hans

Quote:

Hans wrote: @AmigaPhil Two small steps toward finally resolving this whole ownership issue. I wonder what each side's next step will be.

Actually its 3 steps if you read them. We find out that Hyperions motion to join the Amino case has been denied, and that Itec has been successful in getting itself removed from the Washington case. I'm wondering if C&H is going to ask for clarification from the judge before providing the docs, and wonder if we'll see anything interesting in that information. I also wonder if Hyperion will drop the Amino case, now that its going badly for them.
-Tig

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@Tigger

Quote:

Tigger wrote: @Hans Actually its 3 steps if you read them. We find out that Hyperions motion to join the Amino case has been denied, and that Itec has been successful in getting itself removed from the Washington case. I'm wondering if C&H is going to ask for clarification from the judge before providing the docs, and wonder if we'll see anything interesting in that information. I also wonder if Hyperion will drop the Amino case, now that its going badly for them. -Tig

Where does either document state that the motion to join the Amino case is denied? I see a footnote that says that a decision on that will come after the motion to add Itec as counter-defendant has been ruled on (i.e., after the motion in that document). It sounds to me like that decision is still pending.

Hans

Last edited by Hans on 18-Jan-2008 at 07:58 PM.
Last edited by Hans on 18-Jan-2008 at 07:57 PM.

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@AmigaPhil
Nice to see some decisions finally being made. At this pace everything will be resolved around the year 2114.

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@Tigger

Quote:

Tigger wrote: @Hans Quote: Hans wrote: @AmigaPhil Two small steps toward finally resolving this whole ownership issue. I wonder what each side's next step will be. Actually its 3 steps if you read them. We find out that Hyperions motion to join the Amino case has been denied, and that Itec has been successful in getting itself removed from the Washington case. I'm wondering if C&H is going to ask for clarification from the judge before providing the docs, and wonder if we'll see anything interesting in that information. I also wonder if Hyperion will drop the Amino case, now that its going badly for them. -Tig

Well, if you read it, it says a total of 7 boxes and that the judge would determine what is relevant. It seems Kinsel was correct about Amiga Inc. (W) not doing much business at all, lol.

Anyway, for reasons I mentioned in the other thread, I'm glad the Amino case didn't get joined.

You see it as a 2-1 loss, but again, I thought joining Amino was a bad idea. So from my own side of the fence I see it as a 2-0-1. The tied one being ITEC not being joined. That one could go either way and it's probably best that they defend it in NY with the defense of them being misled into believing that ITEC was a legitimate successor to Amiga Inc.. I can see the judge postponing that case until the outcome of this one is determined though...

@Tigger

Quote:

I count it as two wins for AI and one for Hyperion.

"two wins for AI" - That is, admitting Amiga Inc. and ITEC are the same people and thus the same party in the issues debated in Washington.
But if it was THAT evident (in the Justice eyes), the judge wouldn't have granted ITEC's motion to dissmiss; and ITEC would still be a counterclaim defendant in the Washington case. Don't you think ?

[ EDIT: Ok, I read your post #7 in the meantime. But where have you read that joining the Amino case has been denied ? ]


This part (doc #96) is indeed very interesting:
Quote:

Finally, Hyperion points to the fact that certain names keep recurring among the officers of the different corporations, Amiga, Inc. (Washington); Amiga, Inc., (Delaware); KMOS, and Itec. Bill McEwen, whose declaration has been quoted here several times, has signed documents as president of Amiga, Washington (Dkt. # 76, Exhibit A), and as acting president of Amiga, Inc., the Delaware corporation. Dkt. # 35. He is also acting president of Amino Development Corporation, which Hyperion has sued in a separate action, C07-1761RSM.2 3 The April 24, 2003 agreement between Itec and Hyperion was signed on behalf of Itec by Dr. Pentti Kouri as “managing member”. Dkt. # 52, p. 15. An October 7, 2003 stock purchase agreement and assignment of rights between Itec and KMOS, Inc., was signed by Pentti Kouri on both sides, as “managing partner” of the seller, Itec, and as president of purchaser KMOS, Inc. Dkt. # 52, p. 30. John Grzymala signed a declaration in this action as secretary of Itec. Dkt. # 80. He has also been identified as secretary of KMOS, Inc. Dkt. # 76, Exhibit E. While the Court finds these inter-relationships potentially troubling, they do not provide any basis for this Court’s exercise of personal jurisdiction over Itec. It is the citizenship, place of business, and business activities of the corporation to which the Court must look in determining personal jurisdiction, not the overlapping positions of the officers.

I take it as if the Washington Court will not look any deeper for fraudulent activities between Amino/ITEC/KMOS/Amiga. Who will do then (now Hyperion's defence is splitted in 3) ?
Puzzling...

Last edited by AmigaPhil on 18-Jan-2008 at 08:13 PM.

@AmigaPhil

Quote:

AmigaPhil wrote: I take it as if the Washington Court will not look any deeper for fraudulent activities between Amino/ITEC/KMOS/Amiga. Who will do then (now Hyperion's defence is splitted in 3) ? Puzzling...

SEC?

@AmigaPhil

Quote:

AmigaPhil wrote: I take it as if the Washington Court will not look any deeper for fraudulent activities between Amino/ITEC/KMOS/Amiga. Who will do then (now Hyperion's defence is splitted in 3) ? Puzzling...

Personally I think that fraud is something that should be handled by whatever USA government organizations are responsible for fraud investigation (i.e., whatever the US/state equivalent of the Serious Fraud Office is). It's not really lawsuit material and it isn't Hyperion's job to investigate and prosecute fraud.

Hans

Last edited by Hans on 18-Jan-2008 at 08:23 PM.

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@Lou

Quote:

SEC?

What do you mean ? (or what is SEC ? Yet another court case ?)

@AmigaPhil & Hans

It's the Securities and Exchange Commission.

@AmigaPhil

SEC: U.S. Securities and Exchange Commission. Looking at their "what we do" page, it's the SEC's job to investigate fraud.

Hans

EDIT: @Lou
Thanks. I didn't know which USA organization (or organisations, I'm sure that there are more of them) are responsible for investigating fraud.

Last edited by Hans on 18-Jan-2008 at 08:28 PM.
Last edited by Hans on 18-Jan-2008 at 08:27 PM.

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@ssolie

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ssolie wrote: @AmigaPhil Nice to see some decisions finally being made. At this pace everything will be resolved around the year 2114.

I really admire optimistic people...

Saluditos,

Ferrán

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@Hans

Quote:

It's not really lawsuit material and it isn't Hyperion's job to investigate and prosecute fraud.

Yes, unless Hyperion can demonstrate that frauds have affected some rights/IP ownership, and the validity of some later agreements and other contracts. Which is, I think, what they are trying to do.

@AmigaPhil

Quote:

AmigaPhil wrote: @Tigger Quote: I count it as two wins for AI and one for Hyperion. "two wins for AI" - That is, admitting Amiga Inc. and ITEC are the same people and thus the same party in the issues debated in Washington.

AI argued that Itec didnt need to be joined, Judge decided to serve them, once served Itec successfully argued that they were not part of the case, and they are not part of the case now, thats a win for AI they didnt want Itec as part of the trial, its a lose for Hyperion because they are one requesting it.

Quote:

[ EDIT: Ok, I read your post #7 in the meantime. But where have you read that joining the Amino case has been denied ? ]

Document #97, page 2, lines 2-4, in fact the judge basically tells us that why he is asking for C&H to fulfill the subpoena, because the documents will be part of discovery for the Amino case anyways (something I pointed out when we were talking about this on the earlier thread).
-Tig

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@Tigger

I read many of your several posts on AW, and find some of your arguments valuable. At least, you put some (needed) opposition in the debate here about the Amiga vs Hyperion suit; eventually leading to some enlightment (and some confusion too).
But like many others, I am curious as to the reasons you have to bring so much efforts into what seems to be supporting Amiga Inc. case.

I have no personnal interest in seeing Amiga or Hyperion "winning". I must admit that I find parts of Hyperion's defence a bit strange and unfair, just like if they were a long time prepared for a "coup" outside the scope of the original litigation between them and Amiga Inc. (like grabbing the full rights on OS4 or even on the Amiga name).
However, what I see is that most of the valuable informations we (the Amiga community) can have about Amiga today and in the future is from the OS4 developpers (who, most of them, work with Hyperion). Hyperion is actually doing and delivering something. They have honored most if not all of their promises. Whereas Amiga Inc. only shows up from time to time to announce an announcement about a bright future we (will) never see.
So if I was to put some hope somewhere, it's (subjectively) with Hyperion.

What I am curious about is to know if YOUR position is really objective or not.
I mean, IIRC, Amiga Inc. owe you some money. Is it a reason you (seem to) bet on Amiga Inc. success (to have a chance to get your money back) ?
Or do you really think that Amiga has a strong case and/or deserve to stay alive and well ?


Note: I don't want to hijack this thread into a personnal discussion, so you can PM me if you prefer, or don't reply at all if you don't want to; I don't really mind (as I said, I am just a bit (too) curious.)