[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 22 of 250 | ANN.lu |
Posted by Daniel Miller on 21-Dec-2003 13:33 GMT | It is just a shame that the judge would not end all this now, and instead pushed things forward to mid-January 2004. At least he put an end to Amiga Inc.'s counterclaim. That leaves the claim of Genesi against Amiga Inc.
The judge appears to be playing devil's advocate by postulating that Amiga Inc. could argue persuasively that the Pegasos doesn't have to be added to the group of devices that the contract mandates Amiga Inc. must port DE to. However the subsection states that Amiga Inc. shall not "unreasonably" withhold DE from whatever device Genesi comes up with. There is no section of the contract that says these devices must be Windows CE devices.
Is it "reasonable" for Amiga Inc. to withhold DE from the Pegasos? Well, they don't want to because they consider Genesi a competitor, but Amiga Inc. by itself is not really a competitor to Genesi. Amiga Inc. plus Eyetech plus Hyperion is a competitor to Genesi. But Amiga Inc. also has a potentially profitable ($4.50 per unit) relationship with Genesi espoused by this contract, so are they really competitors? And even if they had come to be competitors, does that nullify the contract for Pegasos as a DE device, because that would be "unreasonable" to Genesi, who entered into a contract based on the expectation that Amiga Inc. would support their products, with neither foreseeing the current red/blue situation with all its variables. By agreeing to take on the costs and effort of porting Amiga DE to Pegasos themselves, Genesi has made such a proposition more "reasonable" to Amiga Inc., and IMO the judge should also consider this pertinent fact.
Guess we will see how it goes...
PS: Samface, you did a nice job on that website with the documents. |
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