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Case dismissed! Discovery and Tardigrade game "not similar"

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PicardSpeedo

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I stumbled across this article today, which talks about the current status about the Star Trek Discovery Tardigrades plagiarism lawsuit. It seems that CBS / Netflix feel like they need more time to respond to it (a red flag, in my opinion, given that the typical boilerplate response to a corporation being sued combines equal parts feigned indignity and bewilderment). Both CBS and Netflix have been served with summonses, which means that the case is now, indeed, headed to court.
 
No. Looks like the Plaintiffs lawyer got his head out of his ass and finally properly filed (and also paid his New York Bar fees) per the Judge's instructions and corrected the mis-filed paperwork.

I wouldn't take CBS request for more time to respond as anything because BOTH sides agreed to it; and they probably didn't want to waste the billable hours until they saw if the plaintiff's idiot legal team would correct the filing to the Judge's satisfaction.

That said, at this point, I'd expect CBS to file a full MTD; and depending on how the Judge rules, they'll either get the case dismissed (unlikely) or, once they see how the Judge sees whatever issues are kept in the case, make a settlement offer. (that's all the Plaintiff and his lawyer want, some free money). If this case gets to the discovery phase (no pun intended) I doubt either the Plaintiff or his 'legal team' could actually afford the deposition costs they'd have to incur (CBS will share half those costs, but BOTH sides need to pony up at that point. The Plaintiff and his lawyer could get those costs reimbursed IF the get a Judgement from a Jury and the Judge agrees, but again, I seriously doubt it'll even get to that point - they'll take whatever money CBS offers and run.
 
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No. Looks like the Plaintiffs lawyer got his ghead out of his ass and finally properly filed (and also paid his New York Bar fees) per the Judge's instructions and corrected the mis-filed paperwork.

I wouldn't take CBS request for more time to respond as anything because BOTH sides agreed to it; and they probably didn't want to waste the billable hours until they saw if the plaintiff's idiot legal team would correct the filing to the Judge's satisfaction.

That said, at this point, I'd expect CBS to file a full MTD; and depending on how the Judge rules, they'll either get the case dismissed (unlikely) or, once they see how the Judge sees whatever issues are kept in the case, make a settlement offer. (that's all the Plaintiff and his lawyer want, some free money). If this case gets to the discovery phase (no pun intended) I doubt either the Plaintiff or his 'legal team' could actually afford the deposition costs they'd have to incur (CBS will share half those costs, but BOTH sides need to pony up at that point. The Plaintiff and his lawyer could get those costs reimbursed IF the get a Judgement from a Jury and the Judge agrees, but again, I seriously doubt it'll even get to that point - they'll take whatever money CBS offers and run.

If I were the plaintiff, I wouldn't take settlement monies (which would undoubtedly also include some kind of draconian arbitrating document stating I could never use the IP that they stole). I'd want it to go all the way to a hearing because the entire concept of the show is based very solidly on the Tardigrades concept, and I would either want the show shut down or serious royalties for every episode produced.
 
If I were the plaintiff, I wouldn't take settlement monies (which would undoubtedly also include some kind of draconian arbitrating document stating I could never use the IP that they stole). I'd want it to go all the way to a hearing because the entire concept of the show is based very solidly on the Tardigrades concept, and I would either want the show shut down or serious royalties for every episode produced.

The tardigrade showed up in 3 episodes, that's hardly 'very solidly based'. The original intention of the tardigrade, was that it was going to be a member of the bridge crew, but it was too cost prohibitive to use every episode. Fuller wanted to keep it and decided to combine the tardigrade with the spore drive story.

As had been stated in numerous threads about this issue, the tardigrade was in the media a lot around the time both these productions were in development stages. It is entirely within the realm of possibility that within a population of 7 billion people two people may end up having similar ideas.
 
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