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[Magna_Mixalis]

Thanks for the latest update, I had wrongly thought this whole saga was over. Been great to follow.

Little Timmy will never go away; he's like hemorrhoids and luggage at this point.

@phisheep: What's the over/under for this whole affair to finally come to a merciful end in the next few weeks or so?

Also, if Langdell did decide to buy you out, would actually trust him to come through with the money?

Oh, and don't forget to start a new thread should the Criminal Charges Train leave the station.

And as always, thank you for the updates and easy to understand explanations.

 

[phisheep]

@phisheep: What's the over/under for this whole affair to finally come to a merciful end in the next few weeks or so?

I guess a month tops. But then I know fuck all, because I guessed a month tops about two year ago. Absolutely no idea, we'll just have to wait and see.

Also, if Langdell did decide to buy you out, would actually trust him to come through with the money?

I've made no offer for Langdell to buy me out. And he can't decide to buy me out without my agreement, which will not be easy to get. I'm curious about the guy for sure, but I'm not going to sign away stuff just like that. Besides, if it were a buy-out it would be cash up front - I would not rely upon his promises.

Oh, and don't forget to start a new thread should the Criminal Charges Train leave the station.

I'm hoping to keep this thread open, though that depends on the mods and all that and I shall do as I am told. It's not like is a massive thread after all, but it gets a bit confusing for outsiders linking to it if it moves somewhere else.

Trouble is with criminal charges it is really hard to get good information, so we could end up with six months' silence at some stage.

 

[phisheep]

Langdell has filed another motion, or maybe two of them. It's too damn late at night to respond now, so I am going to bed.

Will follow up tomorrow.

 

[Anton668]

Langdell has filed another motion, or maybe two of them.

the amount of facepalm / smh gifs I would need to post to express my feelings on this would get me banned so...

Insert shedload of facepalm gifs here

and smh gifs here

 

[ZealousD]

Langdell has filed another motion, or maybe two of them. It's too damn late at night to respond now, so I am going to bed.

Will follow up tomorrow.

Langdell heard you when you said 12 was a precedent of a vexatious litigant so he decided to get as far away from that number as possible.

 

[gabbo]

Is there not some legal mechanism that can be employed to stop him from continually filing new motions and whatever else he's been filing?

Not that I want something else to take up the time on this case, but god damn. He must just like writing legal documents at this point, since there's no value in what he's throwing out there.

 

[phisheep]

Is there not some legal mechanism that can be employed to stop him from continually filing new motions and whatever else he's been filing?

Not that I want something else to take up the time on this case, but god damn. He must just like writing legal documents at this point, since there's no value in what he's throwing out there.

Yes, there are two of them.

The first is contempt of court, but the Board is not allowed to use that in the course oif pretrial motions (Trademark rules 2.127(f)).

The other is the vexatious litigant thing that I have been banging on about for the last few months.

 

[phisheep]

Langdell's latest submission isn't even in the form of a motion, it's a letter to the Board.

For a change it is only a page long.

It argues that under the terms of the settlement agreement between Edge and EA that led to the District Court judgment, the Board is precluded from entering judgment in favour of EA, and in particular notes that EA have not (well, except the once but they rapidly withdrew it) sought judgment in their favour.

There are two problems with this approach. First is that the Board has not entered judgment in favour of EA (for example in regard to the allegations of fraud and abandonment), it has simply declared that the trademarks will be cancelled in due course, which was also a term of the settlement agreement. The second is that the settlement agreement was between EA and Edge, it doesn't bind any other party and it doesn't in particular bind the court. If it were otherwise then you and me could agree a contract whereby we would be deemed to have committed no wrong in robbing a bank, and no court could then find against us! Luckily the world does not work that way.

My next post will be an open letter to Langdell.

 

[GrotesqueBeauty]

My next post will be an open letter to Langdell.

Awesome. Your insight and humor throughout this whole thing have made for one of my favorite reads on GAF, and I can't wait to read your open letter, especially knowing that the mustache twirling scoundrel himself will almost certainly see it. Imo he should thank you, because you're probably the closest thing he has to real counsel, even if he's too blinded by his own chutzpah to take heed.

 

[Captain Chaos]

Thanks again for posting phisheep.

 

[SmokinDan]

Another thanks phisheep. This whole thing has been interesting as all hell (after Langdell was shot down.)

 

[JBourne]

I finally registered, so now I can say this: subscribed! This thread has incredibly interesting to follow. Thanks for the countless updates, Phi. Some of the legal stuff goes right over my head, but your explanations have been incredibly helpful.

 

[phisheep]

Dear Tim,

Please pardon the familiarity. I feel I have got to know you a bit over the last few years. My name is Paul.

I’m sure you appreciate by now that the game is pretty well up with your US “Edge” trademarks. Flail as you may, it is a done deal that they will be cancelled, and you will have been very lucky to get away without a judicial finding of fraud against you.

Now, this case makes for an interesting study in the use and abuse of civil procedure. I’m quite keen to follow it up with some – probably rather lengthy and very boring – analysis of what went on. More as a training exercise for would-be lawyers than as a schlock-horror Tim Langdell ate my babies sensationalist type thing. It would be all the better if I am able to come at the story from your side as well.

I’m posting this on the NeoGAF thread because I know you read here, and you have an alarming propensity to not receive communications by any other means!

I do understand that you might be reluctant to get in touch, particularly since I have lambasted you a bit in public. So I make now the following undertakings:

1) If you contact me by email (I told you how to find me a few posts back, it's not that hard) then, beyond the mere fact of you contacting me I will not post (on NeoGAF or elsewhere) any content of your messages or our conversations. I will consider them private.
2) If in the course of conversation I give you advice it will be advice in your best interests, and not spun shaded or otherwise slanted to suggest you do something that isn’t in your best interests. It might take a bit of time to work out what your best interests actually are though.
3) I won’t under any circumstances stop posting in NeoGAF and maybe elsewhere about this case and the consequences of it. But I will keep that separate from any private discussions we have.

Your call Tim. You may get in touch or not. That is your choice.


Yours sincerely

Paul (“phisheep&#8221

 

[Captain Chaos]

This thread just keeps giving...

 

[SiegfriedFM]

Awesome! This will be interesting.

Something just struck me. EA may not be interested in making another Mirror's Edge, but is it even legally possible while they're caught up in this mess?

That would be another reason not to be a fan of this guy.

 

[phisheep]

Awesome! This will be interesting.

Something just struck me. EA may not be interested in making another Mirror's Edge, but is it even legally possible while they're caught up in this mess?

That would be another reason not to be a fan of this guy.

Yes it is. EA got Mirror's Edge registered as a trademark already while Langdell was not paying attention. Back in 2010 I think - can't be bothered to look it up.

 

[wetflame]

phisheep, you are a gentleman and a scholar, and have the patience of a saint. I have thoroughly enjoyed following this thread since the beginning, and I'm sure there are many more who have been just as interested in the whole thing as I have. If I ever bump into you in person I will more than happily buy you a drink. Unlikely unless you visit Brixton anytime soon, but there you go.

 

[clockpunk]

Also wanted to post my thanks for the easy to read explanations and professional observations throughout. A fascinating thread.

 

[Daeda]

A college of mine had a two hour interview with Langdell, but since his account isn't verified yet he wanted to know if there was any interest in it from this thread before he bothers handing it over to me (and I assume transcribing it in English). It's an interview from 2011 so its not necessarily new info. So phisheep/GAF, interested?

 

[phisheep]

A college of mine had a two hour interview with Langdell, but since his account isn't verified yet he wanted to know if there was any interest in it from this thread before he bothers handing it over to me (and I assume transcribing it in English). It's an interview from 2011 so its not necessarily new info. So phisheep/GAF, interested?

Yes, I'm interested.

 

[Patryn]

A college of mine had a two hour interview with Langdell, but since his account isn't verified yet he wanted to know if there was any interest in it from this thread before he bothers handing it over to me (and I assume transcribing it in English). It's an interview from 2011 so its not necessarily new info. So phisheep/GAF, interested?

Any insight into Langdell's mindset would be interesting.

 

[Kendle]

USPTO updated today.

http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=100


Serial #: 74556730 Application File Registration #: 2219837
Application Status: Cancelled by Court Order (Section 37)
Mark: EDGE

Serial #: 74662343 Application File Registration #: 2251584
Application Status: Cancelled by Court Order (Section 37)
Mark: CUTTING EDGE

Serial #: 78208607 Application File Registration #: 3105816
Application Status: Cancelled - Section 8
Mark: EDGE

Serial #: 78807446 Application File Registration #: 3381826
Application Status: Cancelled by Court Order (Section 37)
Mark: GAMER'S EDGE

Serial #: 75077113 Application File Registration #: 3559342
Application Status: Cancelled by Court Order (Section 37)
Mark: THE EDGE


I may have to throw a party.

 

[jvm]

USPTO updated today.

http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=100


Serial #: 74556730 Application File Registration #: 2219837
Application Status: Cancelled by Court Order (Section 37)
Mark: EDGE

Serial #: 74662343 Application File Registration #: 2251584
Application Status: Cancelled by Court Order (Section 37)
Mark: CUTTING EDGE

Serial #: 78208607 Application File Registration #: 3105816
Application Status: Cancelled - Section 8
Mark: EDGE

Serial #: 78807446 Application File Registration #: 3381826
Application Status: Cancelled by Court Order (Section 37)
Mark: GAMER'S EDGE

Serial #: 75077113 Application File Registration #: 3559342
Application Status: Cancelled by Court Order (Section 37)
Mark: THE EDGE


I may have to throw a party.

We need phisheep in here to confirm that this is party-worthy, and then new-thread-for-new-news.

 

[nexen]

We need phisheep in here to confirm that this is party-worthy, and then new-thread-for-new-news.

IANAL but it is hard for me to see how this could be interpreted any other way.

WOOOO. The wheels of justice turn glacially slow, but they do turn.

 

[Shao Kahn Brewing a Stew]

Bring on Soul Edge!

 

[wetflame]

Wow, it's really happening! How many years has this been coming?

 

[Tempy]

Finally!

 

[nexen]

http://www.youtube.com/watch?annota...&feature=iv&src_vid=np6vAuS0KNs&v=DXpmunmG5ss

 

[Jintor]

Excellent

 

[TheNatural]

USPTO updated today.

http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=100


Serial #: 74556730 Application File Registration #: 2219837
Application Status: Cancelled by Court Order (Section 37)
Mark: EDGE

Serial #: 74662343 Application File Registration #: 2251584
Application Status: Cancelled by Court Order (Section 37)
Mark: CUTTING EDGE

Serial #: 78208607 Application File Registration #: 3105816
Application Status: Cancelled - Section 8
Mark: EDGE

Serial #: 78807446 Application File Registration #: 3381826
Application Status: Cancelled by Court Order (Section 37)
Mark: GAMER'S EDGE

Serial #: 75077113 Application File Registration #: 3559342
Application Status: Cancelled by Court Order (Section 37)
Mark: THE EDGE


I may have to throw a party.

Boom.

I love it. Drop the hammer on him now phi and go to the authorities.

 

[jcm]

You guys have to let phisheep start the new thread. He's earned a victory lap.

 

[BronsonLee]

On a day when there's a bunch of new Nintendo games, I'd say this is the true MEGATON

 

[Puppet Shadow]

USPTO updated today.

http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=100


Serial #: 74556730 Application File Registration #: 2219837
Application Status: Cancelled by Court Order (Section 37)
Mark: EDGE

Serial #: 74662343 Application File Registration #: 2251584
Application Status: Cancelled by Court Order (Section 37)
Mark: CUTTING EDGE

Serial #: 78208607 Application File Registration #: 3105816
Application Status: Cancelled - Section 8
Mark: EDGE

Serial #: 78807446 Application File Registration #: 3381826
Application Status: Cancelled by Court Order (Section 37)
Mark: GAMER'S EDGE

Serial #: 75077113 Application File Registration #: 3559342
Application Status: Cancelled by Court Order (Section 37)
Mark: THE EDGE


I may have to throw a party.

That was a hell of a first post. Welcome to Gaf.

 

[Thai]

USPTO updated today.

http://ttabvue.uspto.gov/ttabvue/v?pno=92051465&pty=CAN&eno=100


Serial #: 74556730 Application File Registration #: 2219837
Application Status: Cancelled by Court Order (Section 37)
Mark: EDGE

Serial #: 74662343 Application File Registration #: 2251584
Application Status: Cancelled by Court Order (Section 37)
Mark: CUTTING EDGE

Serial #: 78208607 Application File Registration #: 3105816
Application Status: Cancelled - Section 8
Mark: EDGE

Serial #: 78807446 Application File Registration #: 3381826
Application Status: Cancelled by Court Order (Section 37)
Mark: GAMER'S EDGE

Serial #: 75077113 Application File Registration #: 3559342
Application Status: Cancelled by Court Order (Section 37)
Mark: THE EDGE


I may have to throw a party.

AWESOME! Bit sad that Phisheep wasn't the one to bring us this news after all this work, lol.

We love you phi!

 

[nexen]

You guys have to let phisheep start the new thread. He's earned a victory lap.

Seconded.

 

[erpg]

I just experienced a tinge of happiness.

 

[Kendle]

AWESOME! Bit sad that Phisheep wasn't the one to bring us this news after all this work, lol.

We love you phi!

I just thought about this and it was not my intent to take the thunder. Phisheep has done an outstanding job tracking the developments. If a donation fund were to open for a book, I would be happy to contribute.

I do check the USPTO each morning and afternoon. Its personal as I am a victim of his actions regarding EdgeGamers.

Looking forward to what Phisheep has to say.

 

[androvsky]

I just thought about this and it was not my intent to take the thunder. Phisheep has done an outstanding job tracking the developments. If a donation fund were to open for a book, I would be happy to contribute.

I do check the USPTO each morning and afternoon. Its personal as I am a victim of his actions regarding EdgeGamers.

Looking forward to what Phisheep has to say.

That's completely understandable. Welcome to Neogaf.

 

[hydragonwarrior]

I wish all patent trolls get owned in this manner.

 

[Slightly Live]

Its personal as I am a victim of his actions regarding EdgeGamers.

Looking forward to what Phisheep has to say.

This must be a good day for you.

Really hope anyone that has suffered under this dude's bullshit gets something out of this.

 

[Jintor]

I wish all patent trolls get owned in this manner.

Hopefully faster next time

 

[Magna_Mixalis]

And a single, manly, joyous tear was shed.

Now, someone get Kendle a Member tag, STAT!

Now comes the fun part; dissecting the aftermath. I hope you all have some cash ready, because should phisheep say "yea" it will be fund a book time!

And to phisheep: How will you spend your free time now? Or is this just act two in the ongoing Carnival of Stupid?

 

[televator]

Shining light on a patent troll. GAF does justice.

 

[BobTheFork]

...and there's the bell!
I feel like I've been reading this thread forever.
I wrote a paper in school 2 years ago about this whole mess for an ethics class.

*I doubt it ends like this, not with this cockroach*

Thanks for making this digestable and interesting Phi.

I think all of us need to spend just a little bit of time reflecting on this and try to find a way we can use the phrase 'void on it's face'.

 

[winstano]

Does this mean I can start work on my first game? Edge of the Edgy Edging Edged Edge?

 

[bishoptl]

A college of mine had a two hour interview with Langdell, but since his account isn't verified yet he wanted to know if there was any interest in it from this thread before he bothers handing it over to me (and I assume transcribing it in English). It's an interview from 2011 so its not necessarily new info. So phisheep/GAF, interested?

Sure, PM me with details and we'll set something up.

What a wild ride this has been. Thanks for keeping us up to date, Phisheep. Much appreciated!

 

[Delusibeta]

Does this mean I can start work on my first game? Edge of the Edgy Edging Edged Edge?

Well, there's already Edgey McEdgerson's Hedge Edger.

 

[kafiend]

If phisheep isn't talking in here, makes you wonder who he's talking to.

 

[Puppet Shadow]

It's only been a few hours. Not everyone checks the internet 24/7.

 

[phisheep]

If phisheep isn't talking in here, makes you wonder who he's talking to.

I've got a business to run as well guys! Spent today serving customers (including emergency rescue of one from a dentist, long story) and teaching jewellery-making. Just got home and got the news via PM from Kendle will report shortly (after a stiff whisky).