on this board and I know we have many...

EDig has filed a subpoena on DXG as a third party to the Vivitar IP lawsuit. This subpoena has to be issued by a judge. I am assuming it was issued by the judge who is handling this case.

The dumb question: How does this occur???? Does DM go to the judge and say we "THINK" DXG is involved with Vivitar and we would like a subpoena to find out. We have no real evidence of this but would like to rummage around their paperwork to find out...

Or does DM go to the judge with paperwork (evidence) in hand showing the involvement of DXG and convincing the judge there is ample legal reason for him to issue that subpoena.

My thoughts are the second reason is most likely but that brings up many more questionts, at least to me. If in fact DM has ample evidence to show a judge of DXG's legal involvement does not that make DXG an IP infringer itself and not an innocent "third party"??

If that is the case is this subpoena not a legal IP case against DXG itself? Certainly supplying evidence asked for in the subpoena that would show DXG is infringing, third party or not, would constitute evidence of involvement.

And what happens if DXG decides not to comply with the subpoena??? Is that not an admission of "something" a little guilt maybe?

Or is this whole thing just a facade????