Quote:
Originally Posted by kstarnes
He's essentially laid out his entire case in a single letter. Playing all one's cards is a legal gamble, IMO, but he appears very confident he is right and it sounds like he has an excellent case. He's showing Monster right up front what it is up against, and I think that requires a letter this long.
The message of the long letter is that any litigation will also be long and that a quick smack-down settlement is not forthcoming. I don't think a short letter would have conveyed this message adequately, nor do I think he could have made his point without going into great detail.
While he is emotional at times, I think he never gets carried away with emotion and hedges himself well.
It is the stuff of legend on the net, and a real life David and Goliath tale. 
Best,
Kurt |
The only thing is, that letter doesn't tell anything to Monster that it doesn't already know.
I agree on a dave and goliath tale, but it is unusual that a threat of LONG litigation from a financial dave would have much affect on the financial goliath.
IMO he shows weakness and oddly some naiveness (for such an experienced lawyer) when he says he'd rather spend "$50,000" defending the case, instead of paying a penny. Monster very well knows that if it gets into aggressive litigation with Blue Cable, it could easily force Blue Cable to spend $1 million in fees. Patent litigation is very expensive.
As far as "forcing" Monster to read a long letter, and spend time and money doing so, that's a non-factor. That letter went straight from Monster's office to their lawyer's office. I have no idea who their lawyers are, but my guess their IP lawyers are in one of the biggest, well known firms. From the sounds of their other litigation, I'm sure their legal fees total at least $500K per month.
IMO the letter is too long to really be effective, and when read by Monster's lawyers will be viewed as unprofessional, amateurish and somewhat goofy (any letter from a lawyer that includes "I'm a graduate of XYZ law school" is automatically goofy - I'm sure Monster's $700/hr IP lawyers, with their 400 lawyer firm, are quaking in their boots).
Good internet drama, though, will be interesting to see how it turns out.