I am developing my opinion of what Rossi's opinion of the case is. “A theory of a case is a cogent statement of an advocate’s position that justifies the verdict he or she is seeking. A theory of the case is not necessarily cast in the words that will be sued with the jury, but words that are heard in the lawyer’s mind as the case is prepared. The goal of the trial plan is to create factual support for the advocate’s theory of the case….
”If the advocate has no theory of the case, she would have no unifying focal point to the various portions of the case…. "Only by adopting a theory of the case can a lawyer prepare for trial." On Fri, May 13, 2016 at 6:51 PM, Axil Axil <janap...@gmail.com> wrote: > If IH can somehow use the IP of Rossi but get out of the licence agreement > with Rossi, they will save one $billion. This may explain the motivation in > the actions of IH. This is just a theory of the case. > > On Fri, May 13, 2016 at 6:30 PM, Axil Axil <janap...@gmail.com> wrote: > >> Their motivation makes sense if they never intended to take the results >> of the one year test seriously. They did not care what the EVR did, they >> had Rossi's IP in hand that they could transfer to their own products and >> that of their other EOMs. >> >> On Fri, May 13, 2016 at 5:22 PM, Craig Haynie <cchayniepub...@gmail.com> >> wrote: >> >>> >>> >>> On 05/13/2016 04:20 PM, Axil Axil wrote: >>> >>> What confuses the analysis of the motives of IH is that IH patented the >>> Lugano device, as Rossi's IP. This indicated that IH knew that Rossi's IP >>> worked and gave Rossi credit for it in a patent application, I cannot >>> figure out their motive here??? It could b that their was a management >>> disconnect where the "plan" was not understood by all of the employees of >>> IH. >>> >>> The other thing that confuses me, is that in the contract they signed >>> with Rossi, they didn't have a clause which allowed them to independently >>> evaluate the device; nor did it allow them to certify, or reject, the >>> evaluation of the EVR; and they agreed to Rossi's guy, Penon. Why? >>> >>> It doesn't make sense to me. It's not something that their lawyers >>> should have allowed; nor something I would have agreed to, if I was Darden, >>> unless I was certain of the outcome. >>> >>> Craig >>> >>> >> >
