By Owen Wengerd on Saturday, December 30, 2006 1:09 AM

The Open Design Alliance has filed a response [42] to the Autodesk complaint [1]. The response denies most of Autodesk's claims and offers (7) affirmative defenses including a First Amendment defense. In addition, ODA charges Autodesk with (9) counterclaims alleging illegal business practices, concluding with a request for a jury trial.

By Owen Wengerd on Thursday, December 21, 2006 2:32 AM

The court has accepted [36] the revised schedule as stipulated [34], and set a February 20 hearing date to consider a preliminary injunction against ODA. Under the new schedule, ODA must file a response to Autodesk's complaint by December 29.

By Owen Wengerd on Tuesday, December 19, 2006 11:00 PM

In a stipulation [34] filed today, Autodesk and ODA have agreed to a proposed timeline that would push the preliminary injunction hearing to approximately February 19. Also of note is that ODA engaged Fenwick & West, LLP as lead counsel. Read More »

By Owen Wengerd on Tuesday, December 19, 2006 9:30 PM

The court has filed a transcript [35] of the November 22 TRO hearing proceedings. It is a 54 page document, but well worth reading if you're interested in the initial arguments and the nature of the judge's questions. Read More »

By Owen Wengerd on Tuesday, December 19, 2006 2:45 AM

Autodesk has partially withdrawn their previous opposition to the ODA request for a 30 day extension [32]. This follows on the heels of ODA's announcement that they have released all new DWGDirect libraries. Autodesk requests a December 29 deadline for ODA's response to the initial complaint, otherwise this paves the way for the court to approve the 30 day extension that ODA requested on December 7 [28].

By Owen Wengerd on Friday, December 15, 2006 3:34 PM

The court issued an order [31] today that sets the following FRCP 26 deadlines:

2007-01-12: Deadline for FRCP 26(f) Conference
2007-01-19: Initial Disclosures Pursuant to FRCP 26(a)(1)
2007-01-26: Combined Joint Status Report and Discover Plan

By Owen Wengerd on Thursday, December 14, 2006 3:03 AM

On December 13 Autodesk filed a motion [30] opposing the ODA's December 7 request [28] for a 30 day extension. Autodesk does not oppose an extension of up to 10 days, but argues that since the TRO does not adequately address all of their immediate concerns and that ODA has not responded to all of Autodesk's additional demands, further delay could cause further irreparable harm.

The primary Autodesk concern appears to be that ODA members and their customers may continue to create "infringing" DWG files even while the ODA is making updated libraries available.

By Owen Wengerd on Tuesday, December 12, 2006 10:29 AM

First up is an archive of all court documents (in PDF format) associated with this case. Of particular interest are the initial complaint filed by Autodesk with its associated motion for a temporary restraining order (TRO) and the two declarations in support of the TRO, as well as the ODA response (on November 21) and the three declarations in support of the ODA response. Read More »