Exro Technologies Inc T.EXRO

Litigation Timing

[SIMPLICITI1]

The defamation (libel) action commenced by EXRO may be heard (at trial) well before the patent infringement case.

This development changes the dynamic somehat in that it introduces new risk for e-Propelled with possibile liability and penalty awards for Exro, before the infringement case can be heard.

I like the strategy.

[Moemoney42]

Interesting take on things but I think the EXRO case will have to prove there is no infringement which would have to parallel any infringement case in my opinion.. but I'm no lawyer.. I'll bet ePropelled pulls their suit if they realize its without merit to avoid the damage suit.. but alas it will be too late.. the damage to EXRO has been done..!

[SIMPLICITI1]

The burden of proof regarding the infringement lies with the plaintiff. My suggestion is that the defamation suit is not really a result of the filing of the infringement claim but rather the subsequent press releases made by e-Propelled. Were that not the case, I am guessing that each and every patent infringement claim would automatically lead to a defamation suit.  That's the basis

[Moemoney42]

That's true regarding burden of proof.. it does seem to be a rather grey area as to which will ultimately come first..? Good luck as well