Tuesday, February 2, 2010

Dismissal Motion Sends Intel Corp. Scrambling!!!

It's time for a long overdue update on the legal process unfolding as Intel Corporation sues us on groundless trademark infringement charges.

We've been busy closing down our Mexico City offices, moving our US headquarters, and, on top of the holidays, have not been very active here. But we're back!

At the end of December, our lead counsel, Ronald Coleman of New York-based Goetz Fitzpatrick LLP, and Colby Springer, our California attorney representing us in the Northern California federal district, of Silicon Valley-based Carr & Ferrell LLP, filed a Motion To Dismiss in response to Intel Corporation's frivolous lawsuit.

Apparently bowled back on their heels, on Jan. 14, Intel Corporation lawyers filed a request for reassignment to a United States District Judge!

What does this mean? The case was initially assigned to a magistrate judge, who would usually handle discovery matters and, if the parties both agree, the actual trial. But either party may bounce the magistrate and opt for an actual judge. The move was purely strategic as it gives them additional time to respond to our motion, and it raises our costs, because we have to "renotice".

In other words, this is great news. If Intel Corporation believed they had a slam-dunk case, they would have merely quashed us via the magistrate. Requesting reassignment elevates their legal costs as well, so it was not done sheerly to rattle our cage.

The case has now been reassigned to the Honorable Charles Breyer, a Harvard and Boalt graduate appointed as a federal judge by then-President Bill Clinton in 1997.

We now must gear up for a Case Management Conference on Mar. 5 with Judge Breyer. At that hearing, we will present our Motion To Dismiss once again.

PLEASE TAKE NOTE! EACH SILLY GAMBIT BY INTEL CORPORATION WILL CAUSE US ADDITIONAL EXPENSE. RON AND COLBY ARE, OF COURSE, CHAMPIONING THIS CAUSE PRO BONO, BUT AMERICAS NEWS INTEL PUBLICATIONS LLC MUST COVER THESE EXPENSES OUT-OF-POCKET.

WE ENCOURAGE YOU TO DONATE USING THE LINK ON THE RIGHT-HAND SIDE! EVEN A SMALL DONATION OF $20 WOULD HELP!!!

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