Monster tries to bully the wrong guy

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dB Cooper

Monster tries to bully the wrong guy
« on: 16 Apr 2008, 04:41 am »
Magic-cable-industry pioneer Monster Cable tried to bully Blue Jean Cables maker Curt Denke into paying "royalties" for supposed patent infringement. Unfortunately for Monster, Denke is himself a lawyer with almost two decades of federal litigation experience on both sides of the table. Here is his response to Monster, which he made public. My favorite part is when he tells them

             I do not compromise with bullies and I would rather spend fifty thousand dollars on defense than give you a dollar of unmerited settlement funds.  As for signing a licensing agreement for intellectual property which I have not infringed: that will not happen, under any circumstances, whether it makes economic sense or not.

   Not only am I unintimidated by litigation; I sometimes rather miss it.

Link to the full letter here

maxwalrath

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Re: Monster tries to bully the wrong guy
« Reply #1 on: 16 Apr 2008, 05:01 am »
The full letter is a great read :lol:.

Would it be out of the realm of possibility to sue Monster for constant the hassling / extortion of smaller companies? 

I was just thinking that it would be sooo funny if a bunch of audiophiles pooled small donations together to cover legal costs for a hugely embarrassing lawsuit.   

lonewolfny42

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Re: Monster tries to bully the wrong guy
« Reply #2 on: 16 Apr 2008, 05:05 am »
News of this was also posted in the VMPS circle...

Industry Talk seems to be a better spot... :thumb:

audioferret

Re: Monster tries to bully the wrong guy
« Reply #3 on: 16 Apr 2008, 12:18 pm »
Would it be out of the realm of possibility to sue Monster for constant the hassling / extortion of smaller companies? 

I think that is what he was getting at by alluding to Rule 11 of the Federal Rules of Civil Procedure.  If you google that, I think you will see what I mean.

MaxCast

Re: Monster tries to bully the wrong guy
« Reply #4 on: 16 Apr 2008, 12:42 pm »
The letter was received on April fool's day  :scratch:

murphy11

Re: Monster tries to bully the wrong guy
« Reply #5 on: 16 Apr 2008, 03:01 pm »
yesterday was 14 days after he asked for a response - wonder if he got one

sbrtoy

Re: Monster tries to bully the wrong guy
« Reply #6 on: 16 Apr 2008, 06:56 pm »
I would love to see Monster actually have to defend their claims...it is well documented they go after organizations they know do not have the financial resources to take them on such as Snow Monsters.

ctviggen

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Re: Monster tries to bully the wrong guy
« Reply #7 on: 16 Apr 2008, 07:50 pm »
This guy may be a litigator, but if I were him, I'd hire an intellectual property attorney, because he's basically wrong in many areas.  For instance, he states the following:

Quote
Additionally, if you are able to identify any of these patents as applicable, please let me know whether Monster Cable presently sells, or has at any time sold, any products bearing connectors which are in conformity with the patent drawings or which are otherwise contended to be within the coverage of the patents, and identify those products for me.  Please also provide photographs and/or physical examples of these connectors as manufactured and sold.

For patent infringement, it is largly immaterial as to whether Monster Cable has ever sold any products in conformity with the patent drawings.  (I say largly, because damages are harder to prove without sales, but the infringement itself doesn't require products to be sold.)  Moreover, Monster doesn't have to provide him with any of the details he's asking for. 

Plus, fifty thousand dollars is nothing for a lawsuit involving trade dress and patent claims.  Think in the several hundreds of thousands to millions of dollars range.  My hourly rate was below $300, and many intellectual property attorneys are well beyond that.  Even if one assumes $300/hour, 50,000/300 = 167 hours, which is a mere 21 days.  That's way too small of a number of days.  A typical case would have one lawyer leading the case, making $500/hour, and one-two attorneys making $250-$300/hour, each of this would work all day for many weeks.  That's why many companies settle with these so-called patent trolls rather than litigate. 

sbrtoy

Re: Monster tries to bully the wrong guy
« Reply #8 on: 16 Apr 2008, 09:14 pm »
Sounds like you should volunteer your services as a service to the audio community  :wink:

kbuzz3

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Re: Monster tries to bully the wrong guy
« Reply #9 on: 16 Apr 2008, 09:26 pm »
The full letter is a great read :lol:.

Would it be out of the realm of possibility to sue Monster for constant the hassling / extortion of smaller companies? 

I was just thinking that it would be sooo funny if a bunch of audiophiles pooled small donations together to cover legal costs for a hugely embarrassing lawsuit.   

i suggested this in a post somewhere else...it would be great to see if there is evidence for some kind of anti trust, or even tortious interference cause of action.  There could also be a back of claim for "bad sound per dollar"

Bob in St. Louis

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Re: Monster tries to bully the wrong guy
« Reply #10 on: 22 Apr 2008, 06:07 pm »
I've finally found enough time to read the entire letter from Kurt Denke.  :o
Wow, that's a stinging backhanded slap in the face to Monster and it's attorneys. WOW! WOW! WOW!

At the end, is a link to a quick interview with Kurt regarding the (now slightly famous) letter.

Has anybody seen Monsters reply to Kurt's "bitch slap"?

Bob