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Video Poker 247 - Courts Fees Could Change Lawsuits

Riviera Distributors had sued Midwest Electronic Specialties for infringing their copyrights for software used in its Stars and Stripes video poker games. Both companies sell video poker machines, but Riviera felt that the other company was using their material.

Riviera eventually moved to dismiss the case without prejudice as they could then re-file at a later time. They felt that they currently lacked all of the necessary proof to prove their video poker case, but wanted to have the right to get that proof and come after them later on. The judge dismissed it with prejudice instead and ruled for Midwest.

Midwest maintained that they did not steal their info for the video poker games and said that per the law they should get their attorney’s fees paid for. However, the court denied the claim. Now the Appeals Court has overturned that ruling and says that Midwest won the video poker trial and is entitled to having their attorney’s fees paid for by Riviera.

The ruling shows that if you choose to back out of the case, you will be responsible for the other’s fees if you bring the suit against them. Now that the Appeals Court has ruled accordingly, it would seem that this will start to happen more often. Therefore, for companies that don’t have an airtight case, they may want to reconsider bring suit against another company cause once you are in it, you are in it for good.
 

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