the Court more probably will throw the whole law suit out, with each party bearing their own costs...
That's always been my thought on the matter - a big waste of time and money for everyone involved.
What's the consideration for the original NDA? (the one that looked like it was written on a napkin and faxed back and forth). There was no $25K associated with that agreement - the RBE thing came much later. This NDA (from 2001?) which included the non-compete clause is the remaining basis for Digecor's suit as I understand it. I can't believe that the intent of the 3-year contract in 2002 wasn't to supercede ALL and ANY previous agreements including the non-compete portion of the original NDA - but it wasn't specifically stated as such (the non-compete), so the court ruled basically that it wasn't 'necessarily' so (as a matter of law). That's my recollection anyway.
- Sinkman
