Law of Cards: Wildcat Lets Panini Out of Electronic Trading Card Lawsuit

Law of Cards: Wildcat Lets Panini Out of Electronic Trading Card Lawsuit

Panini has freed itself from the Wildcat electronic trading card fight. On December 18, a Stipulation of Dismissal was filed by Wildcat and Panini which states, "all claims and counterclaims in this action be, and upon approval are, dismissed WITH PREJUDICE, subject to the terms of that certain agreement entitled 'SETTLEMENT AGREEMENT' dated December 17, 2012, with each party to bear its own costs, expenses and attorney's fees."

Legal translation: Panini is outta there!

Of course, the December 17 settlement agreement is not attached, confidential, and we'll likely never know the terms of the agreement. But, because the dismissal is "WITH PREJUDICE," Wildcat cannot go after Panini again for the issues raised in this lawsuit.

Although Panini is out of the lawsuit, a number of defendants still remain, including Topps, Wizards of the Coast and Konami. These parties will have an exciting rest of the week, since they will be in Court on December 20 to fight out the Markman Hearing.

Legal translataion: This is the hearing where the parties argue before the judge what they believe the patent covers.

Usually, Markman hearings are the most important hearings in patent cases. Therefore, they are also some of the most expensive. In all likelihood, Panini pulled the rip chord now to avoid the legal fees required to prepare for this hearing and attend it.

The information provided in Paul Lesko's "Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, the Simmons Browder Gianaris Angelides & Barnerd LLC or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.

The views expressed in the "Law of Cards" column are solely those of the author and are not affiliated with the Simmons Law Firm. You should not act or rely on any information in the “Law of Cards" column without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

ebaysmalllogo Image
2512229595074040 1 Image
Jermaine Gresham Auto 36 49 2012 Panini Prizm SSP
$22.50
3211365677644040 1 Image
2012 Panini Prizm Baseball Lucas Duda AUTO New York Mets Card #LD
$15.00
3013579671714040 1 Image
BRIAN QUICK 2012 PANINI ABSOLUTE 3 COLOR NFL JERSEY AUTO CARD #206 114 299
$9.99
2912705599664040 1 Image
COBY FLEENER 2012 PANINI ABSOLUTE NFL AUTO TRIPLE JERSEY CARD #29 187 2990
$9.99
2516824426434040 1 Image
2012-13 David Robinson Panini Immaculate Veteran Auto 25 Tag Patch 3 colors BGS
$299.00
2516824426584040 1 Image
2012-13 Panini Immaculate Inscriptions Auto Kenny Anderson 53 of 99
$14.99
3610324262794040 1 Image
2012 PANINI PLAYBOOK DOUG BALDWIN #98 ROOKIE AUTO 220 299 SEATTLE SEAHAWKS
$33.00
1513932067594040 1 Image
2012-13 Panini Contenders Jameer Nelson Subsatantial Auto Jersey #116 Magic
$11.04
1514220365894040 1 Image
2012 Panini Contenders Nick Foles Rc Auto 550 #218A BGS 9.5 Gem Mint 10 Auto
$379.99
1513932252524040 1 Image
2012-13 Panini Prizm Terry Porter Auto #39 Portland Trail Balzers Autograph
$5.09
3511557670104040 1 Image
2012-13 Panini Prizm Vlade Divac Auto #43 Los Angeles Lakers Autograph
$5.94
3511557793404040 1 Image
2012-13 Panini Contenders Spencer Haywood Historic Auto 59 149 #12 NY Knicks
$5.09
« Previous12345
 Image
 |  E-Mail | URL
Paul Lesko is a shareholder at Simmons Hanly Conroy and the chair of its Intellectual Property Department (http://www.simmonsfirm.com). Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid baseball card collector. Paul can be found on Twitter @Paul_Lesko and Google+.

Sorry, comments for this entry are closed at this time.