Wednesday, December 07, 2016 12:36:53 PM
The final result (provided there is no appeal), to recap, as I see it: Tmm's claims were dismissed, with prejudice, voluntarily. This means that those claims are finally resolved and cannot be made again by Tmm against Dim.
8 of the 10 claims made by Dim were summarily dismissed by the court. This means they are finally resolved and cannot be made again by Dim against Tmm. These claims concern the various allegations of theft etc against Tmm and personal counter defendants among other things. I'm not clear on whether costs and disbursements are payable by Dim to Tmm as a result of the summary dismissals.
All claims against the named personal parties have been dismissed. With prejudice. They are done.
1 claim made by Dim, abuse of process, was dismissed without prejudice, voluntarily. This means it could be made again in a new case, once more, in which case liability would have to be established, as well as a loss, before there could be compensation (damages) ordered.
1 claim was granted. The claim made for a declaration that Dim/DFMI who have been in possession of the VDK 2 source code are also in possession of an exclusive license to use it. This declaration was made in favor of Dim/DFMI.
Case closed.
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