From the beatiful shore of June Lake:...
There comes a time in life of every law suit that a good trial lawyer gets the "VIBES" from the Judge that he has heard enough, he is "READY" to rule on the case, and now you have to make it easy for him to decide in your FAVOR...
That is when you get rid of some superlfluous "Stuff" and get him to think of you "What a nice guy" you are...
The least this does is have the Judge tell his clerks look at "John's [EDIG attorney's] motions, he has it right", when he is asking them to research the law to incorporate in the decision when it is put out...
That is why the claims by EDIG were dropped. It was a gesture by counsel for EDIG to the shallacking WADDUP gave to BOW in his rulings. They were saying " thanks judge, you can forget about there other things, you are doing fine by us"...
On the other hand, EDIG attorneys are asking the Court to rule that the Stiplated dropping of those claims are not construed as their relinquishing their right to have the records relating to their intellectual property is still kept "Sealed and not discussed Publicy" in any phase of litigation, such as testimony from defense witnesses like Decuir, who was privy to EDIG technology and EDIG claims he used that information to design the XT generation for Digecor...
This is all great "lawyering". They are telling the judge, look judge, we dropped our claims for damages against disgecor using our tech even after we told them stop, you are in breach, have not paid us, we are cancelling our agreement with you. But, they are still making noise. So we are respectfully asking that our trade secrets be kept under wraps as this case goes to it end...
We are down to your expressed "Hope" that the judge will rule in favor of EDIG...
O.K., here is a prediction. IMO, the judge will rule in EDIG favor on keeping the trade secrets "Sealed." He will also do more; he will dismiss any claims by digecor for damages, and tell them "Get out of my Court"...
The only issue of significance left is did EDIG breach the agreement to deliver the 750 DigE's on time, and is Digecor entitled to damages for the delay in delivery...
The judge has already ruled that (1) The Dram agreement was null and void and in violation of California Law where the agreement was made. (Edig signed it in California, so the contract was governed by California Law. (2) Bow did not buy EDIG tech for $25000.00. (3) Edig could go ahead and make eVU and sell it, competing in the market with digE...
So, the only "damages" left to be considered by the Judge are those relating to the "late delivery" of the 750 units of DigES to Bow...
This relate to "Performance". Under California even "Non performance" can be exused under certain certain cirumstances; one of which is a showing of "Unclean Hands" by the one screeming the other party did not perform under the contract and he wants damages against them...
In this case we have all sorts of evidence that they hauled arse to Korea, inspected the Plant where DigEs were to be made,etc., etc. In addition, Edig did deliver the ORDER to them and they "Accepted it" and sold the units, and part of the money was not paid to EDIG!?. All of which gtranslate to mitigating, (meaning cancelling), any damages claimed by DigEcor...
O.K., SILVER; You are the Judge, how would you RULE?...Lol...Lol...
So, IMO the case will be thrown out and parties will be told to bear their own costs...
Gil...
