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23.May.2021 (forum)

Lawsuit: Cloanto applies for admittance of Evert Carton as witness
Regarding the lawsuit with Hyperion, Cloanto and the Amiga parties applied to vacate and reset the pre-trial calendar (PDF file). Given the differing motions for a summary judgement by Hyperion and themselves, respectively, and that they do not know which causes of action will go to trial or even whether trial will occur, they would be unable to efficiently prepare for trial within the short time remaining. Also for Hyperion the date set by the court for trial, June 14, would be too early, according to Cloanto and the Amiga parties.

Furthermore they apply to depose Evert Carton, who would have recently come forward with potentially admissible and highly relevant evidence. Carton would have had negotiated the settlement agreement with Amiga Inc. on Hyperion's behalf back in 2009 that is pivot to the current lawsuit ( reported). He was, besides Ben Hermans, one of the two co-founders of Hyperion and a managing partner, being solely responsible for the administrative work since 2003. In 2011 he announced to leave Hyperion.

The lack of a joint stipulation with Hyperion for rescheduling the pre-trial calendar would be caused by the counterparty. Each time the attorneys of Cloanto and the Amiga parties sending a draft for a joint motion, the responses and requests for revisions would have come from Hyperion’s director himself, using his law office e-mail address, instead of Hyperion's attorney of record. Without going the official way, plaintiffs’ attorneys would not have been able to submit a joint document to the court in time. Hyperion's attorney would have confirmed, though, that neither party would be ready for trial on the date set so far.

Regarding the trial itself, based on the motion by Cloanto and the Amiga parties, Hyperion wishes to proceed with an in-person trial by jury. The former instead would be willing to proceed as the court wishes, including a trial by videoconference without a jury, if doing so would expedite resolution of this case. (snx)

[News message: 23. May. 2021, 08:23] [Comments: 0]
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MorphOS: New webstore for hardware and software
Yannick Buchy has opened "an online sales site offering new and refurbished equipment to users of the MorphOS system. This site is not affiliated with the MorphOS development team." Additional to hardware he is going to sell software and currently is contacting different retailers, publisher and developers but is also grateful for suggestions. So far the quiz game Ask Me Up XXL is the first listed game. (dr) (Translation: (dr)

[News message: 04. May. 2021, 13:26] [Comments: 0]
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Lawsuit: separate motions by Hyperion and Amiga for a summary judgment (Update)
While a joint motion from Cloanto and Hyperion to the court in January suggested that a settlement was imminent and only (quote) "ancillary documents" were left to be dealt with, both parties now submitted individual motions for a summary judgment indicating that settlement talks failed again.

The motion from Amiga Inc., Itec and Amino (formerly known as AmigaInc., Washington) asks for a partial summary judgment on two of their original complaints, both dealing with trademarks: The judge is asked to issue an order declaring that Hyperion is not the rightful owner of any of the Amiga related trademarks it registered or applied for in the last few years. The motion also lists all of the trademarks in question:
  • USA: applications for "AmigaOne", "AmigaOS" and Boing Ball
  • EU: registrations of "Amiga Forever", "AmigaOS" and "Workbench"
  • Benelux: registrations of "AmigaOne", "Amiga", "Boing Ball", "Kickstart", "AmigaOS", "Amiga Forever" and "Workbench"
  • Germany: registration of "Amiga"
  • France, Italy, Spain and Poland: applications for or registrations of "Kickstart"
Since it is a motion for a partial summary, other issues raised by the Amiga parties in their original complaint - like the alleged breach of copyright, violations of the 2009 settlement etc. - would be reserved for an actual trial.

Hyperion's motion is for a complete summary judgment on all of the issues raised its opponents. The document discusses every single cause of action listed and argues why it should be dismissed. In conclusion, it requests that the judge issues a summary judgment (quote) "against all Plaintiffs on all counts".

Update: (21.03.2021, 22:15, cg)

We initially reported that one of the motions for summary judgement was submitted by Cloanto. Actually that particular motion was submitted by the other plaintiffs (Amiga Inc., Itec, Amino) without Cloanto. (cg)

[News message: 21. Mar. 2021, 19:05] [Comments: 1 - 21. Mar. 2021, 22:17]
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