pchapman 280 #1 October 2, 2009 So, just out of curiosity, what was the lawsuit about last year, that had been going on for at least 4 years, dealing with a claimed patent infringement? What design was involved? Maybe someone else knows or likes digging into legal databases? Found this on the web by chance -- it takes a little thinking to parse the language of suit and countersuit: QuotePara Gear Equip. v. Square One Parachute, Inc., No. 04 C 601, Min. Order (N.D. Ill. Sep. 2, 2008) (Brown, Mag. J.) Judge Brown granted defendants–counterplaintiffs Square One Parachute’s (“SOP”) motion for summary judgment that plaintiff–counterdefendant Para Gear (“Para”) infringed SOP’s design patent based solely upon Para’s failure to plead noninfringement as an affirmative defense. Originally, Para filed this case seeking a declaratory judgment of noninfringement and SOP counterclaimed for infringement. But Para later voluntarily dismissed its claim with prejudice. When Para answered SOP’s counterclaim, it did not plead noninfringement as an affirmative defense. The Court held that Para’s declaratory judgment noninfringement claim was a sufficient affirmative statement of Para’s defense. But once Para dismissed its claim, Para’s pleadings did not support a noninfringement defense. It was not enough that Para’s answer denied infringement, an affirmative statement of the defense was required. And while Para had not sought to amend its papers to support its defense, the Court would not have granted leave to amend four years into the case. So Paragear lost that battle, but where did things go from there? Quote Share this post Link to post Share on other sites
diablopilot 2 #2 October 2, 2009 I'm pretty sure it was over safety/hook knife designs/patents.---------------------------------------------- You're not as good as you think you are. Seriously. Quote Share this post Link to post Share on other sites
NickDG 23 #3 October 2, 2009 I designed a BASE Day Pak like those skydiving ones that were popular back in the day. And I had Bobbie Smith in the Ghetto building them for me. I was selling them through my BASE magazine. One day I walked into Square One and saw my BASE Day Paks hanging on the wall. "You can't do that," I told Tony Domenico, "those are mine." "That's how it is in the sewing business," Tony told me, "so go fuck yourself! Kate's good people, but Tony is as cold hearted as they come . . . Someday I'll tell you the story of Steve Buyers. He lent Tony $1500 to buy Mark Mark (which later become Square One) then he went off somewhere and didn't come back for many years. When he did come back he found out his $1500 investment had made him a millionaire. At least on paper. The lawsuit over that one was a doozie. I was working there then and remember a time Tony, by court order, wasn't allowed to set foot in Square One . . . NickD Quote Share this post Link to post Share on other sites
mutumbo 0 #4 October 2, 2009 Quote I designed a BASE Day Pak like those skydiving ones that were popular back in the day. And I had Bobbie Smith in the Ghetto building them for me. I was selling them through my BASE magazine. One day I walked into Square One and saw my BASE Day Paks hanging on the wall. "You can't do that," I told Tony Domenico, "those are mine." "That's how it is in the sewing business," Tony told me, "so go fuck yourself! Kate's good people, but Tony is as cold hearted as they come . . . Someday I'll tell you the story of Steve Buyers. He lent Tony $1500 to buy Mark Mark (which later become Square One) then he went off somewhere and didn't come back for many years. When he did come back he found out his $1500 investment had made him a millionaire. At least on paper. The lawsuit over that one was a doozie. I was working there then and remember a time Tony, by court order, wasn't allowed to set foot in Square One . . . NickD and whats the other storyThanatos340(on landing rounds)-- Landing procedure: Hand all the way up, Feet and Knees Together and PLF soon as you get bitch slapped by a planet. Quote Share this post Link to post Share on other sites
NickDG 23 #5 October 2, 2009 I said someday, not today . . . NickD Quote Share this post Link to post Share on other sites
riddler 0 #6 October 2, 2009 I wonder how much money all the lawyers made over a hook knife? Was that really worth it?Trapped on the surface of a sphere. XKCD Quote Share this post Link to post Share on other sites
NickDG 23 #7 October 3, 2009 You are "blame shifting." If there weren't thieves in the world we wouldn't need lawyers! NickD Quote Share this post Link to post Share on other sites
riddler 0 #8 October 3, 2009 QuoteYou are "blame shifting." Just wondering numbers. Let's say, 4 months of legal fees for both sides equals $120,000? Complete WAG. Anyway, are the manufacturers going to make $120,000 in profit selling hook knives to skydivers? With manufacturing, and all overhead, there may only be a dollar or two in profit on each one ...Trapped on the surface of a sphere. XKCD Quote Share this post Link to post Share on other sites
RhondaLea 4 #9 October 3, 2009 I looked it up in PACER, but the docket goes on forever, so I gave it up. For your information: "MINUTE entry before the Honorable Geraldine Soat Brown: Motion hearing held. For the reasons stated on the record, Para Gear's motions to dismiss under Rule 41(b) 272 and 281 are granted. Para Gear's motion in limine [263 ] is moot. Jury trial previously set for 3/23/09 is stricken. Pretrial conference previously set for 3/10/09 is stricken. The counterclaim is dismissed with prejudice for want of prosecution. Terminate Case. Civil case terminated. Notice mailed by judge's staff (ntf, ) (Entered: 02/26/2009)" If you open a PACER account (cheap--8 cents/page; it cost me $1.84 too give it a cursory look), you can read the whole thing. I forgot to use Firefox, but it's always possible that someone else has looked at it so that it can be found on RECAP (free).If you don't know where you're going, you should know where you came from. Gullah Proverb Quote Share this post Link to post Share on other sites
