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Frankinjohn74

02/04/14 9:46 AM

#66856 RE: Fishing4aWinner #66855

NOT yet, no money awarded.
However, the PR points out what I have been harping on regards SCM putting all its counter-claim eggs into the one basket that MMR just overturned in its Opposition and follow on court ruling.

there are no viable defenses to SCM's breach of the agreement at issue


That is talking about MMR's opposition pulling the rug out from under SCM's foundational claim of Corporate status lapse due to late tax makes contract void. MMR made it crystal clear with case law that SCM even used erroneously, that CA/DE law recognizes validity of contracts, even during temporary revocation of corporate status because of late tax payments.
WIN WIN. SCM is literally in a corner.
I am no attorney, but this is the type of stuff that you would think merits a plaintiff putting in a motion for summary judgment. From what I understand most judges don't grant those, but that certainly doesn't detract from the merits after the Demurrer/Opposition volleys.

NORTH LAND

02/04/14 9:53 AM

#66858 RE: Fishing4aWinner #66855

MMRF Bigger Walgreens Lawsuit this week!!

Frankinjohn74

02/04/14 10:44 AM

#66863 RE: Fishing4aWinner #66855

Additional part of PR that is key:

MMR believes its claim against SCM continues to be collectible based on a series of settlements involving SCM pertaining to other matters. MMR also believes that SCM and affiliates of SCM continue to operate throughout California and other parts of the United States. The Agreement between MMR and SCM also includes the settlement of any potential claims by MMR against SCM and its affiliates for any past patent infringement which could also be determined at trial.


Two reasons:
1- Reminds us what has already been posted on this board months ago; that SCM/OMIDIs settled numerous of their other cases already. Read: Their past settlement activity indicates they are ripe for settling now that they are painted in a corner.
2- It points out that the case filed is not just against SCM, but also the 125 "Doe's" (the provider/clinic/surgery center customer/partners of SCM that along with SCM were/are infringing).

Mind you, Im not taking the PR at face value, only the points in PR that can be backed up by facts in the court filings.