Thank you Penaki!
Upon review of this filing, the arguments are sound, and in many ways, reads like the way VRNG and GOOG argued points back and forth. But although Bascom's points appear strong and factually-based, one of the primary tenets of its opposition is that the Court pre-emptively ruled in advance of the opposition briefing deadline that had initially been set for Bascom to reply by... ...and as we saw in the VRNG-GOOG case, Courts have the latitude to rule without both parties having had equal opportunitis to reply (even if a reply date had been set by the Court) if the Court believes that it has the information necessary to issue a ruling.
Unless Bascom's other points of argument are completely overwhelming and contain a "smoking gun", it will be extremely interesting to see if the Court reverses itself -- because to do so, the Court would in effect be proclaiming that the judge exercised poor judgment and "jumped the gun" in prematurely issuing a ruling before all material information was available and before it was truly ripe to do so.
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