Sunday, March 14, 2004 1:27:06 PM
SmartBiz and I were talking earlier this morning on the phone about the suits which NEOM has brought against the 4 defendants; Virgin, L-Scan, Scan-Buy and AirClick.
We have all recently been informed by very astute fellow longs that the L-Scan/Symbian booth at CeBIT has been withdrawn and that some of the court appearances have been moved to the court systems in the home towns of these defendants (as permissible by law).
Questions:
1.) When do Cease and Decist Order's actually take effect?
2.) Is it immediately upon receipt of the treble damage patent infringement suits (treble damages because all defendants were previously contacted and warned by Baniack & Pine regarding patent infringement on NEOM's intellectual property)?
3.) Are Cease and Decist Order's automatically enforce after the standard 30-day grace period required for each defendant's response?
4.) Does implementation of the Cease and Decist Order depend on the type of reply from the respective defendant?
5.) Ordinarily, can Cease & Dicest Orders be postponed?
6.) Finally, could a Cease and Decist order be one of the reasons why L-Scan/Symbian pulled their booth from CeBIT at the last minute?
We know that the practice of law is not a predictable science and that you may not have the answers to all our questions. Furthermore, we felt it best not to contact Baniack & Pine with our questions directly, as we wish to keep it in an open forum. We also wish to respect the Rank & File of the contracted parties without interferring in the legal process.
Any and all help is always most appreciative.
All the Best, JP
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