iRobot filed a new supplemental brief Friday refuting Robotic FX's latest defense. I've posted a copy at this link. (Thanks, simpsonsez).
iRobot argues that Robotic FX "appears" to have abandoned its claim that the District Court has jurisdiction because it did not make any arguments to back up the claim in its most recent filing.
iRobot also argues that Robotic FX is simply wrong when it charges that iRobot has not presented specific information about specific misappropriated trade secrets.
"Among the specific features used by the Negotiator include the entire track design (emphasis mine) including the material and manufacturing process used to produce the track, as well as a set of at least five different design features that exist together in only two robots: (i) iRobot's prototype alpha-1 PackBot that was never made public; and (ii) Defendant's Negotiator product."The iRobot brief then details the litany of evidence systematically destroyed by Jameel Ahed to argue against a narrow injunction against the features already identified as using trade secrets, arguing that the evidence likely would have shown "additional damning evidence of theft from iRobot."
"In short, a narrowly focused injunction would allow Defendants to benefit from their wrongdoing." (EXACTLY!)
Finally, iRobot notes that the Defendant had signed a confidentiality agreement consenting to injunctive relief.
This all comes after a Bloomberg story on Thursday in which Assistant U.S. Attorney Anita Johnson gave a stunning interview in which she clearly shows a bias in favor of Dumpster-dumping, CD-shredding, dentist-office-using, hard-drive-wiping, iRobot "memorabilia" maven Jameel Ahed despite arguing that the U.S. Attorney isn't taking sides.
Johnson argued that Jameel's testimony was "very, very strong" (causing me to laugh out loud) and that the allegations that he stole technology have "yet to be proven."
Johnson, appearing to not understand the facts of the case, argued that Jameel Ahed worked for iRobot for a "short period of time" -- apparently two years is a hiccup -- and that "there is a very strong defense out there."
But Gertner seems to be taking a bit of a different view. "There has been evidence in this case which taking from the criminal side of the docket here is consciousness of guilt, things destroyed, things erased," Bloomberg quotes Gertner from a transcript.
iRobot cited the Bloomberg article in its brief, saying that Johnson "has jumped into the case with both feet."
No comments:
Post a Comment