Tuesday, February 16, 2010

"Therefore Defendant's Motion fails."

Intel Corporation has filed its opposition to our Motion To Dismiss, per protocol.

The argument is divided into three sections:

1. Legal standard - motions to dismiss are rarely granted
2. Intel properly pled its case
3. Defendant inappropriately and incorrectly argues the merits of Intel’s claims, as opposed to the sufficiency of Intel’s pleading

If you don't want to suffer through the entire legalese, linked in a PDF to this post, the conclusion is:

"Tellingly, the crux of Defendant’s Motion is not that Intel neglected to include any necessary elements in its claims for relief, but that Defendant does not believe that Intel will ultimately receive the requested relief. That is not the test."

As a footnote, the Plaintiff adds: "Should the Court nonetheless dismiss all or part of any of Intel’s claims, Intel requests leave to amend." In other words, our motion "fails," but just in case it doesn't...

We are posting this document and summary not in the interest of providing a fair and balanced viewpoint. The document is already a matter of public record. The playing field is already tilted incredibly steeply to the advantage of Intel Corporation.

We are posting this document as a resource for anyone interested in this case, particularly those involved in their own fight with this corporate bully.

So, tellingly, we will resist the temptation to poke fun at their final sentence. Really.

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