[News] 4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case | ANN.lu |
Posted on 21-Dec-2003 02:32 GMT by samface | 250 comments View flat View list |
There are 4 new filings in the civil docket for the Thendic Electronics, et al v. Amiga Inc case, including:
RESPONSE by Defendant Amiga Inc. (Entered: 12/19/2003)
AMENDED REPLY to Response to Motion filed by Plaintiffs (Entered: 12/16/2003)
DECLARATION of Bill Buck filed by Plaintiff Thendic Electronics Components (Entered: 12/16/2003)
ORDER by Judge Robert S Lasnik granting in part 31 Plaintiffs' Motion for Summary Judgment. (Entered: 12/19/2003)
A highlight from the latest ruling by Judge Lasnik:
Defendant's counterclaim is hereby dismissed for failure to prosecute. However, the Court declines to rule on plaintiffs' request for specific performance at this time. Plaintiffs' motion for summary judgment is renoted for 1/16/2004. Plaintiffs shall have until Monday, January 12, 2004 to submit a memorandum in response to the issues and concerns raised in this Order. Defendant, if and only if it retains counsel in the interim, may file a reply memorandum no later than 4:30 p.m. on Thursday, January 15, 2004. No extensions shall be given.
Visit the Civil Docket for the Thendic Electronics, et al v. Amiga Inc case here.
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4 New Filings in the Thendic Electronics, et al v. Amiga Inc Case : Comment 119 of 250 | ANN.lu |
Posted by samface on 22-Dec-2003 12:01 GMT | In reply to Comment 117 (Anonymous): >FACT: There is a bilaterally signed contract. The OPINIONS of the plaintiff
>and the defendant about the terms of that contract is what's being contended
>in court.
As Judge Lasnik said:
"Appendix A specifies that the list of products can be expanded only 'with the consent of Amiga'. Absent evidence of such consent, one could persuasively argue that Amiga is under no obligation to integrate the Licensed Software into any Thendic product not listed in Appendix A, including Pegasos."
<snip>
"Plaintiff shall have until Monday, January 12, 2004, to submit a memorandum in respons to the issues and concerns raised in this Order."
>Not any OTHER, unilaterally PROPOSED deals by ainc which they
>apparently would prefer INSTEAD of the contract they signed and now contend.
The proposed deal prooves that Amiga Inc. is NOT witholding consent without reason. Amiga Inc. has made their reasoning clear. The contract does NOT state that Amiga *must* give their consent, only not without reason. Since Genesi didn't even respond to Amiga Inc.'s proposed settlement, Genesi is the ones not beeing reasonable rather than Amiga Inc. You with me yet? |
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