Infinium Labs Countersues HardOCP

loftydog writes "Gamespot is reporting that our favorite console manufacturer has thrown down a gauntlet in Florida. Seems they didn't want to play in Texas with HardOCP. Turns out that SCO doesn't have a corner on the lawyer market after all, and we'll see something from Infinium, even if it is an overpaid suit."

Comments

$42

[Konster]

They have $42 IN CASH!!

They have spent more money on legal fees than they've spent on development of the console.

See it all right here:
http://biz.yahoo.com/e/040322/iflb.ob8-k.ht ml

Proof IL had property in TX

[IgD]

In response to the HardOCP lawsuit (http://www.videogamestumpers.com/images/Infinium% 20Motion.pdf), IL claimed that they didn't have a corporate presence.

Check out the leases section of their 8K filing however:
http://biz.yahoo.com/e/040322/iflb.ob8-k .html

"Infinium leases office space in Sarasota, Florida and Richardson, TEXAS under operating leases that expire in 2009 and 2007, respectively. Minimum future rental payments under these leases are as follows"

Re:Read the brief, and damn is Infinium sad.

[Kneht]

Except they do have a presence in Richardson, Texas.

http://biz.yahoo.com/e/040322/iflb.ob8-k.html

HARDOCP DIDNT SUE INFINIUM LABS

[Anonymous Coward]

Once again, the slashdot editors skew the debate by misstating the situation.

This isn't a "countersuit" because HardOCP DIDNT SUE infinium labs. They requested a declaratory judgement as a way of getting a judge to declare legal threats on infinium's part impotent.

It happens in a courtroom but it isn't "suing".

Re:Read the brief, and damn is Infinium sad.

[macdaddy]

Infinium Labs actually caused damage in Texas. Their legal threats were on a business in the state of Texas and therefore subject to Texas law. This is similar to what happens when an anti-spammer sues a spammer in the anti's local jurisdiction. The damage caused by the spammer is to the recipient and therefore is in local court's jurisdiction. [H] sued in the right court.

More links

[Torgo's Pizza]

I'm currently hosting the docket documents as they come in. I've seen several other people point to them so here's a quick update. (Shacknews must have gotten their info from my posts at Hardforum which where in turn picked up by Gamespot.) This is information that Gamespot hasn't been reported yet or Shacknews.

A latest check of the docket shows that the Infinium Labs lawyers forgot to file a Certificate of Interested Persons with the court. It's just a list of people who a financial stake in the outcome of the case. When it is filed on Infinium's part, it could provide a look at the backers of Infinium and who else is financially involved with the company.

In other news, the court ordered a mediation meeting as part of the process to get the two sides to settle. This has to happen by April 23rd. It's intended to be a face-to-face meeting with all parties, but I expect Infinium to go pro se and do a telephone conference. If a settlement can't be reached, then both sides will file a report to the court explaining why.

Until the Certificate of Interested Persons is filed, the case won't progress much until the middle of next month. I've got the docs, but haven't uploaded them my site yet being as they are from the court and none of the parties. If there's a lot of interest, I'll post 'em.

Infinium Labs has retained the following legal council in Texas. This is public information from the court docket.

Baxter W Banowsky
Banowsky Betz & Levine
790 Coit Central Tower
12001 N Central Expwy
Dallas, TX 75243
214/871-1300
Fax : 214/871-0038 FAX
Email: bwb@bblpc.com

The latest info on the case can always be found at whereisphantom.com and the Hardforum.

Links to the essential court docket documents:

KB Networks Civil Cover Sheet.pdf
Infinium Summons
Infinium Motion to Dismiss