Lets not get ahead of ourselves here. Several things happened recently, but not what the IndustryGamers report claims:
The litigation against EA over the use of the term Edge has finally come to a conclusion, IndustryGamers learned in court documents we received today.
No, it hasn't come to an end.
EA, who has long sought to get the case thrown out, and said Langdell was deliberately deceiving the USPTO, has successfully done so with todays ruling.
Actually, EA has not been trying to get the case thrown out at all. They want (and need) to win it to get Langdell's marks cancelled.
And they haven't got it thrown out either.
Here's what has happened recently (newcomers may need to catch up in the
previous thread)
1) Trial schedule set (Court order 30 Sept 2010)
The jury trial is scheduled for
24th October 2011. It's a whole year away.
Theres a whole host of intermediate dates: 15 Oct 2010 for initial disclosures; 31 Oct 2010 for amendments to pleadings (thats important, as well see in a moment); discovery cuts off on 30 June 2011 and the last date for dispositive motions is1 Sep 2011.
Until all that is over (or until something else happens in the meantime) nobody has won anything.
In particular, at para 17 in the order, the matter has been referred to the ADR unit for mediation between the parties (with the aim of settling before trial). I cant see that getting anywhere, since mediation wont be able to give the remedies on the counterclaim that EA is looking for particularly the cancellation of Langdells trademarks.
2) Motion for Preliminary Injunction denied (Court order 1 Oct 2010)
This is what the report in the OP is referring to. Langdell had asked the court to stop EA from selling Mirrors Edge prior to trial in order to avoid irreparable damage to his business. The court declined to grant that injunction.
That does not mean that EA has won. It just means that they will not be prevented from using the Mirrors Edge mark in the time running up to trial.
However, it is a very robustly worded order and it clearly suggests that the court is taking seriously EAs allegations of fraud and is taking seriously the belief that Langdell may have been lying his arse off all the way through.
But, and it is a big but, this is scheduled as a jury trial. It will be for the jury, not the judge, to come to conclusions about these things. So there is still some risk, and as Langdell has nothing left to lose he may well push it all the way and take the chance.
Nevertheless, this order is a big blow to Langdell, and will probably be enough to stop him from getting away with his trolling activities in the short term if he tries this on anybody else. Anyone he harries will have good grounds for simply telling him to go away.
3) Langdells motion to dismiss EAs counterclaim (dated 4th November 2010)
Now, pay attention. This is one of those twisted weaselly things.
Langdell is saying that EA have brought their counterclaim against the wrong company against Edge Interactive Media rather than Edge Games Inc (or perhaps the other way around I cant remember which is which).
In essence hes saying that one of these companies owns the trademarks and that EA have claimed for cancellation of the trademarks against the wrong one.
This all goes back to 2008 when Langdell assigned the trademarks from one company to the other. BUT it is part of EAs case that that assignment of the marks was invalid (as an assignment in gross without any goodwill attached). Depending which way that decision goes, EA might or might not be claiming against the right company.
The easy way around this would be for EA to amend their pleading to include the other company as a co-defendant.
But, and heres the weaselly bit, the motion to dismiss is deliberately dated in advance for 4th November, which is four days
after the last date for amending pleadings.
It is utterly bonkers and he wont get away with it, but I do have a sneaking regard for the barefaced attempt!
Summary: nobody's won yet, but this is a heck of a blow to Langdell's chances.