amiga-news.de - Law Suit Amiga vs. Hyperion: First Claims from Hyperions lawyers

10.May.2007 Law Suit Amiga vs. Hyperion: First Claims from Hyperions lawyers
In the law suit Amiga Inc. vs. Hyperion Hyperion's lawyers have made their first declaration. The claims and declarations as well as the other court files are available on the net:

hyperionobjectshow_case_doc.pdf
amigakinselnotappshow_case_doc.pdf
hyperionaffservshow_case_doc.pdf
hyperioncertservshow_case_doc.pdf
kinselsupdecshow_case_doc.pdf
hyperiondeckinsellshow_case_doc.pdf

Hyperion's lawyers are mentioning only formal juristic problems without giving a statement to the descriptions and claims of Amiga Inc.'s complaint: During the commencement of proceedings Amiga has applied for an "expedited discovery" - this is an expedited procedure whereas the accused party is only given a period of ten days instead of 30 for answering the items of the charging party.

Hyperion argues that the requirements for this "expedited discovery" would not exist, as they are only allowed in rare exceptions. Obviously Amiga would try to capture Hyperion the possibility of an adequate defence. Further arguments are mentioned that Hyperion wasn't informed in time of the commencement of action - as required by law together with the opening of the proceeding - and the claim wasn't delivered in one of Belgium's national languages but English . Hyperion is complainig this as illegal with a referral of the "Hague Convention for service of process overseas".

Contentwise Hyperion denies Amiga's demands for the intellectual property of AmigaOS 4.0 and announces a vigorous resistance against the accuser's claims. (cg) (Translation: tz)

[News message: 10. May. 2007, 19:20] [Comments: 0]
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