By Owen Wengerd on Wednesday, September 23, 2009 2:04 AM

It's ostensibly just a small skirmish on the flank, but one can't help but be morbidly fascinated after reading the docket history of the battle between Autodesk and Open Design Alliance that took place in a Phoenix court this month. Autodesk essentially got what they wanted, and in the end ODA isn't much worse off than when they started - but there is a lot of drama packed into this short detour.

One can sense pandemonium in the ODA camp as court ordered deadlines loomed. On September 15, they submitted documents with missing attachments, then resubmitted with one correct and one incorrect attachment, then finally resubmitted again, only to get their wrists slapped for filing documents that they did not have permission to file in the first place. One wonders if the outcome might have been different were it not for "the abusive length of the motion for protective order" that the judge poignantly derides in his o ... Read More »

By Owen Wengerd on Monday, August 17, 2009 1:34 PM

Judge Alsup chose Autodesk's proposed language in an order settling the recent discovery dispute between Autodesk and SolidWorks.

By Owen Wengerd on Sunday, August 02, 2009 9:02 PM

In a June 23 hearing, Autodesk and SolidWorks attorneys argued over exactly which documents SolidWorks must provide to Autodesk. The judge issued verbal instructions, which the parties were to incorporate into a proposed order. The proposed order has now been submitted to the judge, but they still can't agree on the language. Interestingly, the proposed order includes the complete hearing transcript as an attachment, even though the transcript was not supposed to be released until September 21 under court guidelines.

By Owen Wengerd on Tuesday, July 07, 2009 2:39 PM

Autodesk and SolidWorks are fighting over the production of documents in the discovery process (see 44 and 46). Both parties have asked the court to intercede. A hearing was held on June 26, but a transcript of the hearing will not be available via the internet until September 21. The recent announcement that ODA has been subpoenaed indicates that Autodesk was at least partially successful in the hearing.

By Owen Wengerd on Tuesday, March 10, 2009 7:29 PM

In last week's filings, Tim Vernor asked the court to grant summary judgement so that he can sell his remaining copies of AutoCAD without interference from Autodesk. If you're not familiar with the facts in this case, Vernor's motion provides an excellent (and of course biased) historical overview. This motion will be followed by replies in opposition from both parties, with the process currently scheduled to be completed by March 27.

By Owen Wengerd on Tuesday, March 10, 2009 5:59 PM

In a recent request for an extension of time, Autodesk and SolidWorks revealed that during court ordered mediation on February 26 they "made significant progress towards settlement and are in the process of drafting and negotiating a settlement agreement." The judge denied the extension request, which forced Autodesk to respond to SolidWorks' counterclaims despite the ongoing settlement negotiations.

By Owen Wengerd on Saturday, February 21, 2009 12:52 AM

Autodesk unleashed a major barrage today in its ongoing lawsuit with Ebay seller Timothy Vernor. After settling some of Vernor's claims, Autodesk is turning its attention to the remaining issue of whether or not the sale of AutoCAD is actually a sale or a license. The final resolution of this question could send shockwaves through the entire software industry, so it's not surprising that Autodesk brought out the big guns: a declaration in support of Autodesk by intellectual property law expert Raymond T. Nimmer. Today's filings raise the stakes in this battle, so it will be interesting to see how Vernor responds.

By Owen Wengerd on Tuesday, February 17, 2009 12:27 AM

In a response to Autodesk's amended complaint, SolidWorks denies Autodesk's claims and makes a series of counterclaims based on it's assertion that Autodesk is using the lawsuit and its marketing muscle to stifle competition.

By Owen Wengerd on Sunday, February 01, 2009 11:38 AM

Autodesk has filed an amended complaint against SolidWorks. The amended complaint is an attempt to address the problems identified by the recent order on SolidWorks' motion to dismiss. Autodesk has substantially rewritten many parts of the complaint. The trade dress infringement claims have been narrowed, but they still appear to lack clear definition.

By Owen Wengerd on Thursday, January 01, 2009 11:52 AM

Just in time for Christmas, SolidWorks got a little bit of what it asked for, but Autodesk still gets a chance to correct some of the deficiencies in its claims. The judge's order signals a long process ultimately headed for a jury trial now scheduled for January 11, 2010.