CenturyCom's Profile
CenturyCom's Posts
Apparently very well. They had patents on water and bargained their way to a nice livilihood for years. It's ironic, they participated with a party that stole the patents from Mr. Moore, and then sued other companies for stealing. Wonder why no one was willing to pay? The infringers got off easy, everyone made a nice living except for the guy who invented the technology. Welcome to America.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
GUIDANCE IP LLC,
Plaintiff,
v.
AT&T INC. and
AT&T MOBILITY LLC,
Defendants.
Civil Action No. 3:13-cv-04777-K
ORDER GRANTING JOINT
MOTION TO DISMISS
ORDER GRANTING JOINT MOTION TO DISMISS
Before the Court is the Parties’ Joint Motion to Dismiss, filed on Augsut 7,
2014. In the motion, Plaintiff Guidance IP LLC (“Guidance”) and Defendants
AT&T Inc. AT&T Mobility LLC (collectively, “AT&T”) announced to the Court that
they have resolved Guidance’s claims for relief against AT&T and AT&T Mobility
LLC’s counterclaims for relief against Guidance asserted in this case. The parties
therefore requested that the Court dismiss Guidance’s claims for relief against AT&T
with prejudice and AT&T Mobility LLC’s counterclaims for relief against Guidance
without prejudice and with all attorneys’ fees, costs of court and expenses borne by
the party incurring same. The Court, having considered this request, is of the opinion
that the Joint Motion to Dismiss should be and is hereby GRANTED.
IT IS THEREFORE ORDERED that Guidance’s claims for relief against
AT&T are hereby DISMISSED with prejudice, and AT&T Mobility LLC’s
Thanks for your response Ron,
I am concentrating more on the settlement than the case. When all the plaintiffs claims have been dismissed "with prejudice" I believe that indicates that the case can no longer be re-opened. If the parties had not reached a settlement before the case was dismissed "with prejudice" then in this case the plaintiff could do nothing to force a settlement on their terms. But, if both parties informed the court that they had reached a settlement, and agreed to dismiss plaintiff claims "with prejudices" couldn't that be a tool used by the defendants to have settled and relieve the plaintiff of the ability to ever bring any claims involving that patent against them in the future. I know it is never wise to assume when it comes to litigation, but unfortunately with a non-disclosure agreement being in effect it is sometimes difficult to determine if investing in one particular party would be wise, or not. That being said if I am forced to read tea leaves how would you interpret that information? Because the Plaintiffs motion was dismissed "with prejudice" the stock has taken a beating, but my contention is the interpretation of "with prejudice" after a settlement was reached and was requested by both parties by mutual consent, in that case, may very well indicate a whole different outlook. Is that a good, fair assumption?
A motion by the court to dismiss all plaintiff's claims " with prejudice" AFTER a settlement had been reached by the parties would indicate a greater possibility of a satisfactory settlement for the plaintiff than a court ordered dismissal of " with prejudice" before a settlement had been reached. Since " with prejudice" indicates, in that case, that no further claims regarding that dispute can be brought against the defendant isn't it used as a tool by the defendant to settle and protect themselves from any further action.? Wouldn't that scenario indicate a high probability that the plaintiff got what it was interested in. I realize that a settlement is a mutual agreement between the parties, but wouldn't that indicate that the plaintiff was very satisfied with the settlement to agree to that term? Guidance v AT&T non-disclosure agreement so details are non existent. Guidance is affiliated with Spherix.
All responses would be appreciated
Rich
Spherix (SPEX) is envoled in multiple patent suits. They are backed by Rockstar which is a comgoleration of companies that paid over $ 4 billion for the thousands of Nortel patents. Nortel, a world renouned communications company from Canada, went bankrupt and put their patent portfolio up for grabs. Microsoft, Blackberry, Nokia and other industry giants formed Rockstar and are going after the likes of Google, Cisco, At&T and whoever is not on their team to try and smash the competition.
It is well worth your time to investiagate since SPEX is a small cap company 23 million shares outstanding. These patents are estimated to be worth in the hundreds of Billions of dollars. They cover a broad range of technology from networking, WI FI, cell phone and antenna applications, and much much more. AT&T the defendant is apparently in negotiations with Spherix. The plaintiff named in the trial is Guidance IP a wholely owned subsidiary of Spherix so many will not be aware that Spherix is envolved in the suit.
Spherix is currently trading at $1.66 per shares. Just a heads up. Good luck, and good investing.
Ref:http://seekingalpha.com/article/2133933-spherix-a-focused-play-on-patent-monetization