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David vs. Goliath |
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By Owen Wengerd on
Monday, September 10, 2007 5:30 PM
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AECnews.com reported about a new lawsuit filed by an individual seeking 10 million dollars in punitive damages from Autodesk for causing his eBay account to be cancelled. The lawsuit is a bit off topic for this site, but I think the plaintiff makes an interesting legal argument.
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Court Approves Settlement |
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By Owen Wengerd on
Tuesday, April 03, 2007 6:08 PM
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As anticipated, a settlement [50] between Autodesk and ODA was approved today by presiding judge Marsha J. Pechman. The terms of the settlement appear to grant Autodesk most of the relief it sought. The order includes a permanent injunction prohibiting "ODA, its agents, servants, employees, attorneys, and all others in active concert or participation" with ODA from "simulating Autodesk's TrustedDWG technology, including but not limited to the Autodesk watermark and/or TrustedDWG code, without Autodesk's authorization; and from distributing DWGdirect libraries or other ODA software that use or incorporate or simulate Autodesk's TrustedDWG technology or that otherwise insert or mimic the unauthorized Autodesk watermark or TrustedDWG code." The agreement adds that "For the sake of clarity, the Consent Judgement neither binds nor benefits any ODA member(s) acting on its or their own accord, and not in active concert or participation with ODA." The parties will each pay t ...
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A settlement on the horizon? |
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By Owen Wengerd on
Monday, February 26, 2007 9:03 PM
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After nearly a month of no docket activity, Autodesk and ODA attorneys on Friday jointly filed a motion requesting a 30 day stay of proceedings. According to the motion [47], "The parties are now in the process of drafting final settlement documents and are optimistic that this will resolve the matter with finality."
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Autodesk, ODA Request 1 Month Extension |
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By Owen Wengerd on
Friday, January 26, 2007 9:47 PM
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In a stipulation filed today [46], Autodesk and ODA asked the court to delay the scheduled February 20 preliminary injuction hearing by an additional month. The reason given for the extension request is to provide more time for discovery of information relevant to the disputed facts in the claims made by both sides.
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Autodesk Requests Preliminary Injunction, Changes TrustedDWG |
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By Owen Wengerd on
Thursday, January 11, 2007 9:26 PM
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As expected, Autodesk today filed a motion [43] for a preliminary injunction against ODA to replace the TRO issued on November 22 [21]. The motion repeats claims made during the TRO proceedings, and also includes responses to the ODA counterclaims [42]. In addition, the motion and associated declarations describe how Autodesk, apparently in an effort to address some ODA complaints, has already changed the TrustedDWG web page language and will change language in the TrustedDWG warning dialog box for the next AutoCAD release.
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ODA Answers Complaint, Makes Counterclaims |
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By Owen Wengerd on
Saturday, December 30, 2006 1:09 AM
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The Open Design Alliance has filed a response [42] to the Autodesk complaint [1]. The response denies most of Autodesk's claims and offers (7) affirmative defenses including a First Amendment defense. In addition, ODA charges Autodesk with (9) counterclaims alleging illegal business practices, concluding with a request for a jury trial.
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Preliminary Injunction Hearing Set For February 20 |
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By Owen Wengerd on
Thursday, December 21, 2006 2:32 AM
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The court has accepted [36] the revised schedule as stipulated [34], and set a February 20 hearing date to consider a preliminary injunction against ODA. Under the new schedule, ODA must file a response to Autodesk's complaint by December 29.
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Autodesk and ODA agree to timeline |
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By Owen Wengerd on
Tuesday, December 19, 2006 11:00 PM
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In a stipulation [34] filed today, Autodesk and ODA have agreed to a proposed timeline that would push the preliminary injunction hearing to approximately February 19. Also of note is that ODA engaged Fenwick & West, LLP as lead counsel.
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