Profile picture
Derek Smart @dsmart
, 5 tweets, 2 min read Read on Twitter
Last night there was a new filing in the CryTek v CIG case.

The judge granted a CIG motion to dismiss with leave to amend by CryTek.

Pouring over it now.

docdroid.net/Jv5BRif/031129…
For a list of the docs referenced by the judge in this filing, go here:

dereksmart.com/forum/index.ph…
"Within 21 days from the date of this Order, Plaintiff shall file a Third Amended Complaint addressing the deficiencies discussed in this Order or notify Defendants and the Court that it does not intend to amend. Thereafter, Defendants shall file their response within 21 days."
I haven't had time to do my write up yet, but here's a summary.

This was her ruling to the first MtD filed by CIG in the case.

All of that will still stand, discovery will commence, the case will go to trial (Summer 2019) if they don't settle etc

i.imgur.com/LBjig3J.png
The only issue with this MtD is related to item #2 which Crytek changed to 2.4 in the SAC (Second Amended Complaint) which CIG then filed a new MtD for.

Basically, if this MtD stands - even after Crytek's amendment - then item #2 (exclusivity) remains GRANTED (in favor of CIG)
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Derek Smart
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @dsmart see all

Profile picture
The legal battle between @draginol and P&F over Star Control, took a very interesting (tip: litigating your case in public is NEVER a good idea. EVER) .

gamesindustry.biz/articles/2019-…
@draginol P&F, in what I can only attribute to a serious lapse in judgment, wrote a blog (some of it is a rather dubious take on what constitutes copyright infringement) explaining their view of what is going on. It's quite the read.

dogarandkazon.com/blog/2019/1/2/…
Naturally, Brad published his response to that blog, which at this point, you have to wonder if they are actually listening to their attorneys - at all.

forums.starcontrol.com/492870/at-long…
Read 18 tweets
Profile picture
Just putting this here for posterity. That time when Chris Roberts again blatantly LIED to Dean over @GamesBeat

Except context to follow...

venturebeat.com/2018/12/20/sta…
@GamesBeat Aside from the fact where their financial "brochure" showed NO SUCH THING. No cash basis. No liabilities. No line item tangible expenses. No balance sheet. No audit claims.

imgur.com/LyeCvzD.jpg

cloudimperiumgames.com/blog/corporate…
Except that if you were "open" the US financials would have been made public, and then nobody would need to be doing back-of-the-napkin math.

Aside from the fact that the financials CLEARLY show that you're spending MORE than you're raising.

imgur.com/Sj7EM8K.jpg
Read 20 tweets
Profile picture
What a rather devious way to end the year. So P&R have issued yet another DMCA against Star Control Origins released a few months ago by @draginol

via @mmofallout

mmofallout.com/star-control-o…
@draginol @mmofallout It doesn't have to be true or false as there's a lawsuit going on. If I were to guess, I'd say they did this latest one because they were emboldened by a recent favorable ruling in that case.

courtlistener.com/recap/gov.usco…
It's unprecedented for a third-party to respond so swiftly to take down a product immediately upon receiving notice. But seeing as both Steam & GoG are being sued by P&R, I can see why Steam & GoG would err on the side of caution.

steamcommunity.com/app/271260/dis…
Read 3 tweets

Related threads

Profile picture
Last night the latest status report in the Ms. L family separations case was filed. Govt released another 14 kids, but they weren't in the class of separated parents/kids — the feds have also been reporting what's happening w/ other migrant kids in custody assets.documentcloud.org/documents/5626…
To be clear, the 14 kids who were released may have been separated from a parent (one definitely was, it's not totally clear to me from this language if others were), but even if they were, the parent wasn't eligible to be part of the class
Regardless, there are still eight kids in US custody who were separated from a parent at the border, and either the parent isn't eligible for reunification yet (one is incarcerated, for instance) or the feds/ACLU are working on it
Read 4 tweets
Profile picture
New: DOJ plans to go to the 4th Circuit to try to stop MD and DC from pursuing discovery in their emoluments clause case — DC and MD are just waiting for the judge to approve a schedule before they start requesting docs and information assets.documentcloud.org/documents/5348…
In the MD emoluments clause case, the president in his *individual* capacity is asking for a status conference. The judge previously rejected a motion to dismiss filed by Trump in his *official* capacity, but hasn't ruled on the individual capacity issue assets.documentcloud.org/documents/5396…
Why does this matter? Lawyers for Maryland and DC are gearing up to seek evidence from Trump (and as you'll see in the thread from last week, DOJ is getting ready to pursue an appeal). So Trump in his individual capacity wants his status resolved as things get more complicated
Read 5 tweets
Profile picture
Judge Rules Against Trump Motion to Dismiss in Emoluments Lawsuit by Maryland and DC - Ultimate outcome to turn on construction of Constitution. But, remember under the clause, Congress can approve any + all emoluments, thus... 👉 washingtonpost.com/amphtml/politi…
2/ the emoluments Lawsuit, even if successful may have no tangible effect on Trump profiting from the Presidency - and there would be no accountability for corruption, the clause and lawsuit merely address a conflict of interest. 👉
3/ The means to hold Trump accountable for corruptly profiting from the Presidency (for the same acts as under the Emoluments Suit) is prosecution under 18 USC 201 (b) and (c): the Federal Bribery Law. This law provides criminal penalties for accepting gifts for official acts 👉
Read 5 tweets
Profile picture
Last night I promised a thread about #abortion before Roe v Wade legalized it nationally. Until the mid-1800s, common law allowed abortion until "quickening", when fetal movement can be felt. Toxic abortion remedies & doctors competing w midwives led to… 1/
laws outlawing abortion except where pregnancy was likely to be fatal spreading across the country. Bottled abortion remedies could be and were fatal, and doctors, almost all white and male, didn't want midwives competing with them for pregnancy care. 2/
"In the late 1920s some 15,000 women a year died from [illegal] abortions…In 1971, the year after decriminalization, the maternal-mortality rate in New York State dropped 45%." 3/
theatlantic.com/magazine/archi…
Read 84 tweets
Profile picture
New filing: Parties in the George Papadopoulos case ask the court to refer the case for the preparation of a presentence investigation report.

Very curious timing, considering the flood of news about spies being used to entrap officials in the Trump campaign.
Not curious that the status report was filed - May 23 was the deadline. Just curious when considering the history of the status reports.

1) 1/17/2018: Status report requesting 3 more months to do another status report (due 4/23/2018)
2) 4/23/2018: Status report requesting 30 more days to provide another status report.
Read 4 tweets
Profile picture
.@stephen501 is another #leave voter who wishes he had the chance to vote again now the facts of what #brexit means are becoming clear. Good on you for coming forward Stephen, you are one of millions, just need others to show the same humility! #remainernow #finalsay #fbpe
Here is more from Stephen following his visit to Germany. Highlights the ideologues lies that EU will give us a good deal as they need us more than we need them.
Here is another tweet from #remainernow @stephen501 after he regretted his leave vote he wrote to his MP. Hopefully he can also help persuade other leave voters he knows to do the same now #brexitreality is hitting!
Read 11 tweets

Trending hashtags

#DeclassifyFISA #AmericaFirst #DeclassifyFISADocs #AWFDY7 #mailbombings #Leave #PAMFAM #NewYearsEve #MartialLaw #AWFDY18 #ColonialRally #CryptoFort #NeverAgain #AWFDY23 #makeamericagreatagain #Dimas #brexitreality #LoveToLearn #dc #CPAC2018 #repost #QAnon2018 #EnoughIsEnough #cannabispolicy #AWFDY14

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member and get exclusive features!

Premium member ($30.00/year)

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!