Law of Cards: Authentication Patent Case Against MLB Ends Quickly

Law of Cards: Authentication Patent Case Against MLB Ends Quickly

As previously reported, in November, an inventor named Frederick Noyes brought a lawsuit action against Major League Baseball, alleging that the "Major League Baseball Authentication Program" infringed one of his patents.

Now, I was not overly excited with the case and predicted that, "this is a case that'll settle quickly (within six months), and confidentially."

Whelp, I got that one right. The case settled on December 14, 2012, just a month after filing.

I predicted it! But I won’t brag (too much). The case wasn't the most interesting.

Really, how can a patent case (…getting sleepy) about authenticating goods (…getting sleepier…) interest anyone other than the plaintiff and defendant? I mean, just check out this exciting hand-written flow chart from the patent.

Zzz…

The case looks to have ended confidentially, but I suspect it was a quick victory for MLB. The hint here is that Noyes dismissed the case "without prejudice."

Legal translation: Whenever I see a plaintiff dismiss a defendant from a case soon after filing and "without prejudice," I suspect the plaintiff is beating a quick retreat. Typically, if a defendant pays any money, it wants the case settled "with prejudice" so that it can't be re-filed. In other words, it wants to show something for the money paid.

Because of this, I doubt any money changed hands. Hence, I think it's a victory for MLB and the MLB Authentication Program continues unabated.

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.

Top eBay Listings

AL BARLICK AUTOGRAPHED SIGNED MLB UMPIRE 8X10 PHOTO 10420 w JSA
$29.99

Peter Ueberroth SIGNED 8x10 Photo Former MLB Commissioner PSA DNA AUTOGRAPHED
$125.00

JULIO URIAS SIGNED AUTO'D 8X10 PHOTO PSA DNA COA LOS ANGELES DODGERS MLB DEBUT A
$99.99

JULIO URIAS SIGNED AUTO'D 8X10 PHOTO PSA DNA COA LOS ANGELES DODGERS MLB DEBUT B
$99.99

JULIO URIAS SIGNED AUTO'D 8X10 PHOTO PSA DNA COA LOS ANGELES DODGERS MLB DEBUT C
$99.99

JULIO URIAS SIGNED AUTO'D 8X10 PHOTO PSA DNA COA LOS ANGELES DODGERS MLB DEBUT D
$99.99

MLB BOSTON RED SOX JIMMY PIERSALL SIGNED 8X10 PHOTO PSA DNA INDIANS WHITE SOX
$29.49

Fred Lynn Signed MLB 8x10 Photo JSA COA Orioles (sku-72255)
$19.99

MLB CHICAGO WHITE SOX FRANK THOMAS AUTOGRAPHED SIGNED 8X10 PHOTO JSA CERTIFIED
$48.35

Didi Gregorius Signed New York Yankees 8x10 MLB Action Photo JSA coa
$59.99

Carl Edwards Jr. Signed Chicago Cubs 8x10 MLB Photo JSA
$49.95

AB "Happy" Chandler Signed MLB Commissioner 8x10 Photo Autographed JSA #M47401
$29.99
« Previous12345

 |  E-Mail | URL
Paul Lesko has litigated intellectual property for over 15 years. 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+.

Leave a Comment: