Could Kaspersky have refused to settle?
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| Author | Content |
|---|---|
| Bob_Robertson Oct 03, 2013 8:45 AM EDT |
What if Kaspersky had refused to settle entirely? Would the Lodsys then have had to drop its case in order to avoid trial? Settling out of court seems silly for nothing. |
| penguinist Oct 03, 2013 8:55 AM EDT |
Settling the case gave Lodsys the opportunity to negotiate the terms of the settlement. Terms like non-disclosure criteria. They came away with an enforceable contract of some sort. Simply dropping its case would have left them without any stipulations or recourse. |
| Bob_Robertson Oct 03, 2013 9:05 AM EDT |
Exactly. It was still, to some degree, a win for Lodsys, since they have "lived to fight another day". |
| jdixon Oct 03, 2013 2:29 PM EDT |
> Settling out of court seems silly for nothing. I imagine Kaspersky now has a signed statement that they do infringe on any Lodsys patents and that Lodsys has no right to pursue the matter in the future. |
| Bob_Robertson Oct 03, 2013 4:55 PM EDT |
"that they do infringe" JD, do you mean "don't"? |
| gus3 Oct 03, 2013 5:34 PM EDT |
I'd like to see Kaspersky sue Lodsys for barratry. |
| djohnston Oct 03, 2013 6:22 PM EDT |
"barratry". I had to look that one up. I don't speak legalese. "Litigation for the purpose of harassment or profit" looks like a doable concept, though. Retribution or retaliation from Kaspersky, anyone? |
| jdixon Oct 03, 2013 7:01 PM EDT |
> JD, do you mean "don't"? Yes. I'll leave it up that way though. No reason to get people thinking I can type at this point. |
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