Monster Cable gets pounded (long)

[sketchers356]

It seems that it takes more time to write a letter than read a letter. Is he really screwing Monster Cable by making one of their trolls spend 15 minutes to read his letter that took him a day to write?

[kstar]

Originally Posted by the

I'm not disagreeing, but what message does the length of the letter convey?

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

[svandamme]

every word counts
every if but then and other terminology has to be analyzed piece by piece
and then it all needs to be re checked if the sum of all parts doesn't contain anything else that might be of legal value...

that 15 minutes of reading for us, is a lot longer if they need legal eagles to actually work with it

you have to exclude reading anything between the lines
except maybe the message length, wich is an unmistakable "i'll give you a run for your money and then some"

[the]

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.

[WolfeMacleod]

Originally Posted by the

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.

I think you're missing a key point here. This guy obviously knows his stuff, and can defend himself in which case he does not have to pay a lawyer to do it. He can go on, and on, and on, and on, as long as he pleases to or until he tires of the game.

Meanwhile, Monster will have to pay their lawyers. For as long as he wishes to continue....

[Paul_Heery]

It's not the length of the letter that matters, it is the response that he is forcing from Monster. They are alleging various infractions. He needs to spell them out and request that Monster respond with everything that they have that supports their claims on each and every point. To pursue this further, Monster will need to respond to every point and provide supporting documentation. If they don't, this goes away. If they do, it will cost them a fortune in legal fees just to prepare the documentation and response.

It cost him just his time to write the letter.

[the]

Originally Posted by WolfeMacleod

I think you're missing a key point here. This guy obviously knows his stuff, and can defend himself in which case he does not have to pay a lawyer to do it. He can go on, and on, and on, and on, as long as he pleases to or until he tires of the game.

Meanwhile, Monster will have to pay their lawyers. For as long as he wishes to continue....

I thought he was running a company. Defending a major piece of patent litigation isn't a part time job for a single lawyer. Good luck going up against the 6 lawyers that Monster's law firm will put on the case.

He has some good material going (the attack on the validity of Monster's patents being the best). A threat that he is going to bury Monster in legal costs does little.

[the]

Originally Posted by Paul_Heery

It's not the length of the letter that matters, it is the response that he is forcing from Monster. They are alleging various infractions. He needs to spell them out and request that Monster respond with everything that they have that supports their claims on each and every point. To pursue this further, Monster will need to respond to every point and provide supporting documentation. If they don't, this goes away. If they do, it will cost them a fortune in legal fees just to prepare the documentation and response.

It cost him just his time to write the letter.

Monster doesn't have to respond to jack. If they believe they have a valid patent and he is infringing it, they can file a lawsuit this afternoon.

[kstar]

Originally Posted by the

Monster doesn't have to respond to jack. If they believe they have a valid patent and he is infringing it, they can file a lawsuit this afternoon.

I think Monster's problem is that don't have a strong case against Blue Jean. They could file just to piss off Blue Jean, but they risk further damage to their badly battered reputation. Monster's PR problem will grow if they take action, IMO.

Have I told you about "Kurt's Koat Hanger Kable", my new company? My wire doesn't even require an RCA jack.

Best,

Kurt

[72doug2,2S]

And who said frivolity wasn't fun? Good stuff there, but it was wordy. I guess his intention was substance and breadth.