With Apple's latest cultware setting the world aflame over tablet PCs, it's easy to overlook another $500 couch potato media pad that made a rather spottier debut months earlier. Fusion Garage is supposedly getting set to release its JooJoo internet pad soon. But first, it's aiming to quash a lawsuit filed by the device's former …
No sure of the US approach on this,
It seems that a lot of what they're throwing in here in the motion to strike are defenses. They can't possibly succeed because of X (defense or reason). It's not that the plaintiff's allegations are absent or lacking elements, but rather they're presenting a defense, which is only valid in a trial format.
The motion for further information might have some success, but I don't see how this is any manner a baseless claim by TC which would warrant the motion to strike.
And an amending motion probably could get around many of the objections, so that might be needed, but this isn't going to make this case go away, or let Fusion market the JooJoo in the US.
Personal opinion, Arrington messed up somewhat, but he's still got enough of a bone to pick here that it should go to trial.
Paris, obviously she is not facially flawed
thats funny I thought she was regularly "Facially Floored" in a canine like style
" it's larger, higher-resolution screen will be the device's biggest advantage over Apple's iPad"
and the stooopid name JooJoo will be the device's biggest disadvantage against *everything*
screen advantage over the iPad
but it's horrifically green!!!!
"Facially flawed" is an abbreviated way to say "flawed on its face", which means in regular english "obviously f*ed up". I.e. what Fusion Garage are saying is that Arrington's compliant is so obviously stupid that it should be thrown out before a trial.
Which goes to Matthew 7's note... in the US you can make a motion for Summary Judgement before getting to trial. This is an attempt to get a judge to make a decision without the expense (for everyone) of a full trial. In making a motion for summary judgement you try to show the judge that the case should be immediately decided in your favor because there are no facts in dispute and that, furthermore, even an abject moron could see that you are in the right. The opposing party is also present when such a motion is made though. If successful everyone, including the Court, avoids all the expense and hassle of a trial.
IANAL though so, although I have an interest in law I don't know the details of what can go before summary judgement and not, how its done, etc.
ANyway...you can see the Fusion Garage position is that basically Arrington is not just probably wrong, but so obviously and unmistakably wrong that the court should just throw the whole thing out and not waste everyone's time. 'No idea if that will work or not.
"Yes, yes. Whatever."
is the rough English equivalent of the Finnish phrase "joo joo". Nothing further, Your Honor.