Lightning Source Lawsuit

lindylou45

I just received this from a ryze member and would like to know if anyone is aware of it.

Hi Linda,
I just found out from Eddy Motkesan in Chicago, ex-PA, that the owner of the POD technology has sued everybody, including PA for using his technology without paying him royalties, or patent infringement, so if they don't pay their bills to the big guys with power, then what makes us think they will pay us royalties or comply with contractual terms? Pass this along to anybody who needs to know or can research the matter, because if they get an injunction, all work stops, and they would tie us up for years, or if they close their offices then we will not get our reversal rights. Alinka


Are we all just totally screwed? I'm such an idiot!!!!! :smack
 

James D Macdonald

Re: Has anyone heard about this?

Details here: <a href="http://abcnews.go.com/sections/scitech/ZDM/net_print_patent_pcmag_040311.html" target="_new">abcnews.go.com/sections/scitech/ZDM/net_print_patent_pcmag_040311.html</a>
 

HapiSofi

Re: Has anyone heard about this?

Lindy, you're not an idiot. Normal human beings can't live their lives in a state of suspicion sufficient to protect them from determined professional scammers.

Imagine what it would have taken to detect PA's con games when you first encountered them. Now imagine doing that with every organization and individual you deal with. Notice that it's impossible?

The blame's not on you. It belongs with the people who misled you.
 

Jarocal

Re: Has anyone heard about this?

The rulling will be overturned beecause the submission that he received a patent for was too broad a idea to really be able to draw a patent. The decision was made a lower court and by the time it goes higher it will be struck down and the court will say that either the operation that LS and such does is not close enough to what was described in the submission, or that the submission should not have been granted a patent/copyright as written.
 

Vomaxx

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This is perhaps the kind of thing as happened when a woman sued J.K. Rowling for using the word "muggles", which the plaintiff had thought of first. Such suits don't seem to get far.
 
Jaws

Jaws

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This is not at all comparable to Scholastic v. Stouffer, during which the "aggrieved author" (Nancy Stouffer—she's the defendant because the publisher filed a declaratory judgment action in response to threatening letters, asking the court to declare rights) not only put forth theories that had no legal standing, but was sanctioned for fabricating evidence. See the opinion granting summary judgment and imposing sanctions for more details.

There are indeed technical problems with the patent at issue in Lightning Source, but they are quite abstract. I think the trial court was incorrect in two particulars on interpreting the underlying patent (and yes, I am qualified to be a patent attorney), but without reviewing the entire record I can't be sure exactly how much effect those errors would have on these facts. The case is currently on appeal at the United States Court of Appeal for the Federal Circuit, which hears all patent appeals. See On Demand Machine Corp. v. Ingram Indus., Inc., et al., No. 05-1074 (Fed. Cir.) (pending). The briefs are just now finishing up the filing process (appendices in the Federal Circuit are horrendous), and an argument date in September is probably about right. An opinion could come immediately thereafter, but is ordinarily from three to seven months after oral argument in the Federal Circuit (which is fast, believe me!).
 
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