swmech
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Authored by swmech on Apr 1, 2021 18:56:57 GMT
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charlieturner
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Above ground, and still breathing.
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Authored by charlieturner on Apr 1, 2021 23:15:51 GMT
Steven J Vaughan Nichols had an article about it on zdnet.com and theregister.com had it, too. My jaw bounced when I read that this morning.
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swmech
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Authored by swmech on Apr 2, 2021 20:10:13 GMT
And a much more useful article with a helpful summary timeline (since, let's face it, it's been just a little while...) from Jim Salter at Ars Technica. I'd take issue with the description of the suit as "still running," as it's been a while since it moved at all. Other than that, though, the article seems to sum it up well. I don't normally go into article comments very much, but there are a ton of them on that article and the tone is overwhelmingly against Xinuous. As it should be, IMNSO.
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swmech
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Authored by swmech on Apr 5, 2021 20:03:20 GMT
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swmech
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Authored by swmech on Jun 1, 2021 19:24:20 GMT
At some point recently Steven J Vaughn Nichols' article ( here) was updated with IBM's response. From the article: Any further updates, if any, have been beneath my radar. I'm starting to suspect that Xinuos wanted to get a feel for the water and found it a little warm for their liking.
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swmech
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Authored by swmech on Jul 29, 2021 19:50:26 GMT
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swmech
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Posts: 150
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Authored by swmech on Mar 1, 2022 20:38:45 GMT
There's been NOTHING in the news (no big surprise there), so I went back out to Pacer to take a look. Sheesh. This one's another yawner. From the latest order in the case (from 2021/12/17) the whole change of venue question has yet to be decided: I didn't dig into what they're arguing about, my Pacer bill is close to actually costing me something at this point (sorry). Screen clip of latest filing status is on Dropbox. Not a lot of useful info there, I know.
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swmech
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Posts: 150
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Authored by swmech on Aug 18, 2022 21:11:43 GMT
I just checked Pacer, and there's no activity since April 26, when Judge Ruth Miller issued an order on a stay of discovery until the transfer of venue request is decided (IBM requested the stay, Xinuos opposed it). The 7-page opinion is on my Dropbox (if somebody wants it elsewhere please feel free...). The general tenor of the opinion seems to say (to me, at least) that things don't seem to be going well for Xinuos. From that opinion document (and yes, these lack context, I know...) and That last sounds - well, familiar, somehow.
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swmech
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Posts: 150
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Authored by swmech on Nov 15, 2022 23:21:33 GMT
Somewhat to my surprise, my news watcher just popped up with an update on this. The article is behind a paywall so I can only see the very beginning of it, but according to law360.com: That company, of course, is Xinuos, who sued IBM and then moved to the Virgin Islands and requested a transfer of venue there. PACER records two documents from yesterday (2022/11/14), the first a 21-page memorandum addressing that change of venue. It concludes: The second document is an order concluding: Now we get to see if Xinuos will pursue this in IBM's back yard.
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Authored by sk43999 on Nov 16, 2022 3:42:40 GMT
I logged in to my PACER account and found that the Memorandum (which is the important document) is available for free. I used my RECAP plugin to upload it to courtlistener, so you can also get it from there. However, the order itself is only available for the extortionist amount of $0.20 Sorry, no. So I accessed the order in the linked dropbox file (thank you law360 or whever deserves credit) and discovered that the length of the list of attorneys in this case exceeds the length of the order itself. Sadly, that is a telltale sign of decay of our society. Form over substance. The decline and fall of the Roman Empire comes to mind.
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swmech
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Posts: 150
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Authored by swmech on Nov 16, 2022 21:01:58 GMT
ROFL - aye, the memorandum was free, but I wasn't able to find it published outside of PACER yet. So I pulled both of them (paying the extortionate $0.20, you can pay me back later) and put them on Dropbox. Thanks for putting it up on courtlistener, I've no idea how to do that.
Instead of saying that the order concluded with the quote above, I could have saved some confusion that it consisted of the quote above.
I'm still curious if Xinuos is going to pursue this further. Gads, I hope not...
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Authored by sk43999 on Nov 17, 2022 1:00:28 GMT
> Thanks for putting it up on courtlistener, I've no idea how to do that. I use the RECAP plugin, which is available here: free.law/recapUploads actually go to the RECAP archive, which I imagine is where courtlistener fetches them from.
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swmech
Veteran Member
Posts: 150
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Authored by swmech on Nov 30, 2022 20:43:39 GMT
Per an English version of an article on Heise, the case has a new file number in the NY courts
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Authored by sk43999 on Dec 7, 2022 0:14:36 GMT
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