Updated Fri, Dec 02, 2011 by Martuk
Let me prove that statement. The latest complaint document filed by Bethesda courtesy of website Duck and Cover is titled and I quote:
BETHESDA SOFTWORKS LLC’S OPPOSITION TO DEFENDANT / COUNTERCLAIMANT INTERPLAY ENTERTAINMENT CORPORATION’S MOTION IN LIMINE NO. 1 TO EXCLUDE BETHESDA SOFTWORKS LLC’S EXPERT, THOMAS BIDAUX, FROM TESTIFYING AT TRIAL; OR, IN THE ALTERNATIVE, FOR AN ORDER PRECLUDING HIM FROM TESTIFYING TO OPINIONS CONCERNING THE MEANING OF CONTRACT TERMS CONTAINED IN THE TRADEMARK LICENSE AGREEMENT OR PERFORMANCE THEREOF.
Longest complaint title ever. (Disclaimer: I have no idea if that's really the longest title ever or not but if it isn't, shame on whoever holds the one that is.)
If that didn’t cause your eyes to spray blood all over your computer screen, don’t worry, there’s more. Duck and Cover has posted a summary of the latest two complaints filed by the two entities over the Fallout license, each aimed at destroying a previous complaint and likewise those before it doing the same, technically making this some kind of weird court loop paradox.
Interplay’s November complaint is posted in the Duck and Cover forums for those that are glutens for legal jargon punishment. But in an effort to save you some pain, Interplay argues against Bethesda’s Motion in Limine and that Bethesda’s claims that only the Fallout name and none of the other content licensed was unfounded. This included a number of cited precedence cases and other legal shenanigans.
The latest filing from Bethesda, which is titled that title above which shall not be named again, takes aim at the former filing and argues in favor of the Motion in Limine and that their Trademark License Agreement expert should be allowed to testify at this month’s trial.
Plaintiff/Counter-Defendant Bethesda Softworks LLC (“Bethesda”) respectfully submits this opposition to Defendant/Counterclaimant Interplay Entertainment Corporation’s (“Interplay”) Motion in Limine No. 1 (the “Motion”). In its Motion, Interplay seeks to preclude Bethesda’s expert from testifying at trial to opinions concerning the meaning of contract terms contained in the Trademark License Agreement (the “TLA”) and to Interplay’s performance of such terms, because such testimony is not admissible under Rule 702 and because Bethesda’s expert did not disclose such opinions in his report. Interplay’s request for relief is mystifying. Bethesda’s expert, Mr. Thomas Bidaux, will not provide testimony on the meaning of the terms contained in the TLA or on Interplay’s performance of those terms, and Bethesda has not proffered any expert testimony in this regard.
Luckily, according to Duck and Cover’s report, Interplay and Bethesda will have their day in court on December 5th, so maybe this disaster will finally get resolved. The alternative is that this drags on even longer and we get more fallout over Fallout.
Source: Duck and Cover