Blue Jeans Strikes Back

[KurtBJC]

I don’t see how its monster’s responsibility to provide technical drawings, patent applications, photos and physical merchandise to BJC. I’m no lawyer, however, I interested in pursuing a career in IP law, so this question is more of an educational inquiry.

I am in complete agreement with mike c and rnatalli, above, on this--that's exactly my point. Monster's the one coming to the table, accusing me of something and trying to get me to do what it wants, so it can take the time to prove it.

Towards the end of the letter BJC asks if “Monster Cable or any related entity has brought actions to enforce any of the patents and trademarks referenced in your letter or above” which leads me to believe BJC is planning to argue laches. How successful is this argument? Wouldn’t BJC have to prove Monster has deliberately waited? Also isn’t it BJC responsibility to check if Monster has enforced its patent?

I wasn't thinking of laches (I'm more of an estoppel guy, when it comes to ancient equitable doctrines...). The information is relevant in multiple ways. How did Monster previously construe the scope of its patents and trademarks? What types of connectors has it previously contended constitute infringement? What arguments has Monster presented which indicate what it considers the core characteristics of its designs to be? Have connectors that look similar to these been alleged to constitute infringement of the expired patent? What happened when they sued? Have courts ruled on the scope of the patents and trademarks? You get the drift--information like that is very useful in evaluating a claim.

As for it being my responsibility to check--well, see the first point above. Mind you, what a good lawyer does is ask the question (if they sue me, I get to ask it in discovery and the court will force them to answer if need be), and then ALSO investigate it, to be sure that he's not being lied to. But there is no harm in asking, and this is one of the areas where Monster is very likely to be sitting on secrets. In particular, since Monster threatens everybody, all of the time, it's very likely that they've contended that a similar connector fell within the scope of that expired patent--a fact they'd have a really hard time explaining away.

Kurt
Blue Jeans Cable

 

[Electone]

Ha Ha. Love it. Monster/Bose/Fram suck!

Marketing prowess used to mislead the consumer.

Shame!

 

[dfburrell]

Blue Jeans FOREVER!

Even if I wasn't a fan of Blue Jeans Cables before, I'd now limit my cable needs solely to their company just because of the response assembled by Kurt Denke.

Slay the Monster!

 

[ReparateMe]

Pwned !!!!

Try and get a reparate at reparateme.com for that!!!

 

[BG3]

I forwarded this to the wife and she caught something I didn't:

"Dear Monster Lawyers,"

What an awesome pun! Nice way to sneak that in there

Best wishes for a speedy resolution!

 

[KurtBJC]

I forwarded this to the wife and she caught something I didn't:

"Dear Monster Lawyers,"

What an awesome pun! Nice way to sneak that in there

Actually, I can't take credit for that one...the original letter has the lawyer's name, but Audioholics inserted "Monster Lawyers" there in the online version...I did give some thought to using some crude and impolite form of address, but concluded that it might just detract from the dignity of the response. When confronted with an indignity, always respond with dignity, as my excessively-wordy grandma always used to say (no, she didn't; I made that one up).

Kurt
Blue Jeans Cable

 

[ColleenL]

I know nothing about cables, but as a litigation paralegal, this letter made my otherwise dreary day. I just had to register to say awesome letter. There's some attorney sitting in his office scratching his head wondering why that form C&D letter with its much copied 'exhibits' didn't exact the fear so expected.

If need be, we'll be changing some cables this week (after the hubby tells me what we have).

 

[rynberg]

Kurt, while I was initially dismayed to see your company under attack from the Monster, I see now that my fears were unnecessary.

It is obvious from the way you run your company that you are a principled and honest man. Keep up the good fight!

 

[Omega Supreme]

Oh man that was awesome

 

[jinjuku]

A few questions

How will jurisdiction be chosen for this. If you get the forum selection will you push for all discovery to happen in that forum?

Do you think monster will push for a jury trial if it goes farther?

Do you have an opinion on how the courts will rule on court costs and 'reasonable' attorney fees. I am not sure how this works with you doing some of your own foot work vs paying outside council. I don't believe the courts will allow you 'bill' for your own time.

Thanks in advance.

 

[KurtBJC]

How will jurisdiction be chosen for this. If you get the forum selection will you push for all discovery to happen in that forum?

Well, that's hard to say, and involves further issues. I know that Monster typically brings its cases in the Northern District of California. There are jurisdiction, venue, and forum non conveniens issues there, and I probably shouldn't comment on that right now as I'm not up to speed on those issues at the moment.

Do you think monster will push for a jury trial if it goes farther??

Usually, the party that has a weak case on the merits (at least, in a commercial or technical setting; in a personal injury setting, the plaintiff almost always wants a jury whether his case is strong or not) is the one to request a jury trial, so yes, I'd expect them to ask for a jury. But I have considerable doubt that this case has sufficient merit to actually reach trial; US District Judges are the masters of their own dockets, and have a lot on their plates, so they don't like to try cases that can be resolved on dispositive motions.

Do you have an opinion on how the courts will rule on court costs and 'reasonable' attorney fees. I am not sure how this works with you doing some of your own foot work vs paying outside council. I don't believe the courts will allow you 'bill' for your own time.

The general rule is that there is no fee-shifting in IP cases. There are exceptions to that. But the wisest course is to assume that you'll have to foot your own bill, and that's the assumption I'm working from here. Last I knew, in fee shifting cases there was a general principle that a party, even if licensed to practice law (I'm not; I'm retired), cannot recover his own time; but I'm not sure whether that's still the case.

Kurt
Blue Jeans Cable

 

[jinjuku]

I assume that your are an incorporated entity and therefore are required by statute to have legal representation. Have you picked counsel as of yet just in case? or are you taking a wait and see approach?

Do you have any friends in practice that might represent on contingency/partial contingency or pro-bono?

If this goes further past discovery and a impatient/cranky federal circuit judge, after affirmative defenses, do you have any pursue able counter suit/s that you are thinking on?

 

[MikeMcM1956]

Kurt,

Made my day, and hopefully ruined theirs. Fight the good fight....

Mike

 

[skorgu]

Registered just to say that this made my day. I laughed maniacally at the briar patch bit and now my officemates think I'm insane. Well more than usual anyway.

Also I'm moving and hence re-wiring my small HT system. One guess who's getting the entire order.

 

[GlocksRock]

That is awesome, thanks Kurt for not letting a large company like Monster push you around, I hope you stick it to them good.

 

[BG3]

Actually, I can't take credit for that one...the original letter has the lawyer's name, but Audioholics inserted "Monster Lawyers" there in the online version...I did give some thought to using some crude and impolite form of address, but concluded that it might just detract from the dignity of the response. When confronted with an indignity, always respond with dignity, as my excessively-wordy grandma always used to say (no, she didn't; I made that one up).

Kurt
Blue Jeans Cable

You definitely chose the right path. However, the thought was good for a chuckle

 

[MrPirate2882]

Really enjoyed the letter.

One question:

If your litigation was going to hurt Monster in future attempts to bully the little guy, wouldn't that be an issue of defensive collateral estoppel? No one's suing Monster, right?

 

[jmadjeski]

Found this story from a friend

I created an account here just to tell Kurt that you, sir, are a rock star!

 

[KurtBJC]

I assume that your are an incorporated entity and therefore are required by statute to have legal representation. Have you picked counsel as of yet just in case? or are you taking a wait and see approach?

Do you have any friends in practice that might represent on contingency/partial contingency or pro-bono?

If this goes further past discovery and a impatient/cranky federal circuit judge, after affirmative defenses, do you have any pursue able counter suit/s that you are thinking on?

Well, I shouldn't comment on all of this, for various reasons. But I have a close friend who is a hell-raiser of an IP litigator...representation will not be a problem.

Counterclaims...well, I have some thoughts on that score but I don't want to speak to it yet; no point in publicizing my whole internal deliberative process. If Monster doesn't throw in the towel, I likely will raise some of those issues then.

If your litigation was going to hurt Monster in future attempts to bully the little guy, wouldn't that be an issue of defensive collateral estoppel? No one's suing Monster, right?

You know, you're right. And the reason it makes reference to offensive use of collateral estoppel is that I was actually thinking more about counterclaims than about defenses when I wrote that....

Kurt
Blue Jeans Cable

 

[h317]

Kurt's letter was posted on monstercommunity.com forum

http://www.monstercommunity.com/forum/thread/10942/Monster-Cable-Patent-Protection/