
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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March 2008 Archive