Do you
remember the horrible
case against OLPC in Nigeria, where a company called Lancor
claimed infringement of its design patent on a keyboard? They were
asking for $20 million in damages.
I have some happy news from OLPC News' recent
newsletter:
In the domestic Nigerian keyboard case, the court granted OLPC's motions to dismiss Lancor's claims. This means all of Lancor's claims against OLPC, Nicholas Negroponte, and Quanta were dismissed. Nicholas and Quanta are out of the case. OLPC will proceed with its request for a declaratory judgment in the matter. Many thanks again to the outstanding support from the legal team at Foley Hoag.
I am not surprised, in that
OLPC told the court it never used the Lancor keyboard and the design registration Lancor relied on
had expired. However, early news from the local court had been discouraging, but now comes this, and so another bogus claim bites the dust. But it's a crying shame a charity had to go through something like this at all. I'll try to get us more details, but I wanted to share this with you right away.
Update: I have been in contact with the OLPC folks. This news is not about Nigeria. It's about the US case, where the OLPC Foundation
asked the Middlesex Superior Court in Massachusetts for a declaratory judgment of noninfringement.
Update 2: While I don't yet have the documents from the local Massachusetts court, I do have two documents from the US District Court in Massachusetts. Lagos tried to send the case to the federal court, on a claim of copyright infringement. However, the court sent it back to state court, the Middlesex Superior Court in Massachusetts, in May, where OLPC had originally filed. If you read the two documents regarding where the case should be heard, you'll see what the issues were by each side's descriptions. Here's OLPC's
memorandum in support of its motion to remand and Lagos Analysis'
opposition memorandum, both PDFs.
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