3 ms·
I'd love to see a patent troll lose a case, but their breach of contract case seems a bit weak (without seeing the actual contract, since they didn't include 'E
by A1kmm 14y ago
I'd love to see a patent troll lose a case, but their breach of contract case seems a bit weak (without seeing the actual contract, since they didn't include 'Exhibit B' in the PDF).
As I understand it:
* Parallel Iron owns IPNav.
* IPNav and Rackspace signed a contract saying that IPNav won't sue Rackspace without giving 30 days notice first.
* Parallel Iron sues Rackspace without giving notice first.
* Rackspace sues Parallel Iron and IPNav for breach of contract.
But IPNav and Parallel Iron are separate legal entities, and so unless Rackspace can argue that they can 'pierce the corporate veil' (which might be difficult if they followed appropriate standards to separate the companies, which I presume lawyer heavy patent trolls would be careful to do) and treat them as the same legal entity, IPNav isn't responsible for Parallel Iron filing the suit, and Parallel Iron isn't subject to the contract entered into by IPNav.
Disclaimer: IANAL
- coldpie 14y agoJudges aren't stupid. I'd expect a judge to ignore the letter of the contract in such a brazenly obvious case of abuse.