3 ms·

This is very delightful to read. I can imagine the casual off-the-cuff remark that one of Newegg's lawyers made over coffee one morning when they heard the news

This is very delightful to read. I can imagine the casual off-the-cuff remark that one of Newegg's lawyers made over coffee one morning when they heard the news that their adversary had dropped the case.. "ha ha, they didn't know what they were in for, no wonder they pulled out... (pause, and a sip of coffee).. heck, we should probably just sue them for dropping the case." laughs all around the table... then, everyone silently staring at each other.

achow 11y ago
Agree, very delightful! However, the backstory is little more calculative.. "Newegg Chief Legal Officer Lee Cheng says the move is necessary since Minero dismissed its Texas lawsuit without prejudice, meaning it can refile the case at a time of its choosing. Cheng noted that Minero continues to litigate against other retailers that sell Rosewill-branded products and that Newegg may have defense obligations to those other companies. Minero continues to press its case against more than 20 companies, with the defendants including Office Depot, Walmart, and Amazon—three big retailers that sell Rosewill products. Newegg's lawsuit asks only for a judicial ruling of non-infringement, not money damages..." http://arstechnica.com/tech-policy/2016/01/newegg-sues-patent-troll-that-dropped-its-case/ http://arstechnica.com/tech-policy/2016/01/newegg-sues-paten...
- hellofunk 11y ago
  I don't believe it. My dramatization of that moment in time is much more movie-accurate, and therefore, much more believable.
  - chris_wot 11y ago
    Also, Newegg have always stated they would fight every single patent case to the death. And they haven't just stated that, they've gone ahead and done it. That's actually not only awesome, but smart. You do not want to sue Newegg for patent infringement. Notice how fast that company dropped their patent suit? Unfortunately for them, Newegg never, ever gives in. Ever.
    - PhantomGremlin 11y ago
      Newegg have always stated they would fight every single patent case to the death Blue Jeans Cable took much the same approach to Monster Cable. The response was an all-time classic. I've posted snippets here before but can't resist doing it again: if you file on this sort of basis, you are in Rule 11 frivolous-claim territory ... You are required, as a matter of legal ethics, to display good faith and professional candor in your dealings with adverse parties, and you have fallen miserably short of your ethical responsibilities ... Read the patents narrowly, and Monster loses; read them broadly, and Monster loses. ... I spent nineteen years in litigation practice ... I am "uncompromising" in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach: I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. ... Not only am I unintimidated by litigation; I sometimes rather miss it. https://news.ycombinator.com/item?id=9284093 https://news.ycombinator.com/item?id=9284093
      - wiredfool 11y ago
        Not only am I unintimidated by litigation; I sometimes rather miss it. That is one of the better lines to ever be written in a legal letter.
        ibmthrowaway271 11y ago
        > That is one of the better lines to ever be written in a legal letter. Along with: http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html
ryporter 11y ago
Delightful, indeed. You don't often get to hear one company publicly tell another that it "sucks." It certainly does sound like this is personal for Cheng, who said, "Minero’s case does not have merit, and its patent is not only expired but would suck even if it wasn’t expired." Another great quote from Cheng [1]: "I never get invited to parties anymore," Cheng said in an e-mail. "Now I keep getting kicked out." [1] http://arstechnica.com/tech-policy/2016/01/patent-troll-realizes-it-sued-newegg-drops-lawsuit-the-next-day/ http://arstechnica.com/tech-policy/2016/01/patent-troll-real...
- pbhjpbhj 11y ago
  >It certainly does sound like this is personal for Cheng // I don't think I'd conclude that: effectively if someone is claiming a section of the "public domain" as private IP then they're infringing on all of our rights (why don't the public prosecute such cases?). It impacts Cheng's company more, ergo they are suing - but it's responsive rather than some sort of vendetta. It's the opposite of personal if it doesn't matter who took the action they would still sue. An analogy in real property: Minero has taken a public park and put gates up and a notice saying it's theirs. Cheng just happens to be the first to roll up wanting access to the park but it's an affront to all those who might wish to use it.

achow 11y ago

Agree, very delightful! However, the backstory is little more calculative.. "Newegg Chief Legal Officer Lee Cheng says the move is necessary since Minero dismissed its Texas lawsuit without prejudice, meaning it can refile the case at a time of its choosing. Cheng noted that Minero continues to litigate against other retailers that sell Rosewill-branded products and that Newegg may have defense obligations to those other companies. Minero continues to press its case against more than 20 companies, with the defendants including Office Depot, Walmart, and Amazon—three big retailers that sell Rosewill products. Newegg's lawsuit asks only for a judicial ruling of non-infringement, not money damages..." http://arstechnica.com/tech-policy/2016/01/newegg-sues-patent-troll-that-dropped-its-case/ http://arstechnica.com/tech-policy/2016/01/newegg-sues-paten...

hellofunk 11y ago
I don't believe it. My dramatization of that moment in time is much more movie-accurate, and therefore, much more believable.
- chris_wot 11y ago
  Also, Newegg have always stated they would fight every single patent case to the death. And they haven't just stated that, they've gone ahead and done it. That's actually not only awesome, but smart. You do not want to sue Newegg for patent infringement. Notice how fast that company dropped their patent suit? Unfortunately for them, Newegg never, ever gives in. Ever.
  - PhantomGremlin 11y ago
    Newegg have always stated they would fight every single patent case to the death Blue Jeans Cable took much the same approach to Monster Cable. The response was an all-time classic. I've posted snippets here before but can't resist doing it again: if you file on this sort of basis, you are in Rule 11 frivolous-claim territory ... You are required, as a matter of legal ethics, to display good faith and professional candor in your dealings with adverse parties, and you have fallen miserably short of your ethical responsibilities ... Read the patents narrowly, and Monster loses; read them broadly, and Monster loses. ... I spent nineteen years in litigation practice ... I am "uncompromising" in the most literal sense of the word. If Monster Cable proceeds with litigation against me I will pursue the same merits-driven approach: I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds. ... Not only am I unintimidated by litigation; I sometimes rather miss it. https://news.ycombinator.com/item?id=9284093 https://news.ycombinator.com/item?id=9284093
    - wiredfool 11y ago
      Not only am I unintimidated by litigation; I sometimes rather miss it. That is one of the better lines to ever be written in a legal letter.
      - ibmthrowaway271 11y ago
        > That is one of the better lines to ever be written in a legal letter. Along with: http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html http://www.lettersofnote.com/2013/08/arkell-v-pressdram.html

ryporter 11y ago

Delightful, indeed. You don't often get to hear one company publicly tell another that it "sucks." It certainly does sound like this is personal for Cheng, who said, "Minero’s case does not have merit, and its patent is not only expired but would suck even if it wasn’t expired." Another great quote from Cheng [1]: "I never get invited to parties anymore," Cheng said in an e-mail. "Now I keep getting kicked out." [1] http://arstechnica.com/tech-policy/2016/01/patent-troll-realizes-it-sued-newegg-drops-lawsuit-the-next-day/ http://arstechnica.com/tech-policy/2016/01/patent-troll-real...

pbhjpbhj 11y ago
>It certainly does sound like this is personal for Cheng // I don't think I'd conclude that: effectively if someone is claiming a section of the "public domain" as private IP then they're infringing on all of our rights (why don't the public prosecute such cases?). It impacts Cheng's company more, ergo they are suing - but it's responsive rather than some sort of vendetta. It's the opposite of personal if it doesn't matter who took the action they would still sue. An analogy in real property: Minero has taken a public park and put gates up and a notice saying it's theirs. Cheng just happens to be the first to roll up wanting access to the park but it's an affront to all those who might wish to use it.