Here’s some damages you don’t see in your everyday lawsuit… RED is asking a court to have existing Sony cameras destroyed.
RED brought the lawsuit today in federal court against Sony due to the technology inside of Sony’s F65, F55 and F5 cinema cameras – claiming that it infringes on two of RED’s patents. RED is asking the court to force Sony to stop making and selling the cameras and that Sony should surrender all profits derived from the previous sale of the cameras.
Additionally, RED asks the court to force Sony “to deliver up and destroy all infringing cameras.” Ouch.
As interesting as that turn of events could be, the chances are that any judgment against Sony would simply result in damages and reasonable royalties being paid to RED for the patent infringement (assuming the patents are valid). Of course, this assumes further that the case even makes it to trial.
RED asked for a preliminary injunction as part of this lawsuit, which means there should be a hearing in short order to ascertain whether or not RED has a likelihood of success in the end. If the court finds RED is likely to succeed in this case, then it would probably enjoin Sony from selling the offending cameras during the process of the lawsuit. Such a finding would likely motivate Sony to settle out of court.
Any other finding in the preliminary injunction hearing could see this lawsuit dragging on for quite some time (possibly several years).
Darren Kelly says
This is too funny for words.
Red and it’s publicity seeking owner- the largest single purveyor of vaporware at any trade show since the introduction of a carved piece of wood and aluminum that they called a camera that would ship within the 90 days of NAB – it shipped almost 4 years later in small quantities. Everything else ever announced has been too long in delivery, more expensive than promised, or cancelled.
Now JJ wants to sue Sony, who actually announce products, build them and ship them within the guidelines. Canon must be next. Camera’s produced by both companies are kicking Red’s stuff to the curb.
It’s clearly another publicity stunt. A look for more free marketing and controversy. I hope the courts do the right thing, and when they rule against RED, they slap serious penalties against RED and JJ not only to off set Sony’s legal costs, but show these clowns you must mean and do what you say.
Jim…. Why not actually build and sell at least one of your products in line with your own hype?
Just 1?
Jacob Roya says
Couldn’t have said it better my self..
Down with the commy company! There is a reasson why they named the corporation “RED”
David F says
Ever notice how many lawsuits RED has initiated? And how many have been thrown out or dismissed? Lots. Look under Wikipedia for the long list. Sony has no intention of trying to or infringing on other’s stuff. With their huge R&D dept, they can find many work arounds or alternates to a patent and not step on someones technology – of if they want it, they will gladly pay for it fair and square. CA is fairly well known as one of the most litigious states around – so this is not a surprise of sort, but a surprise that RED would even consider it.
And notice what happens to the sued party in these frivilous lawsuits – they suing party usually loses out and the other party comes out way ahead in the long haul. Apple iPhone vs Samsung. Samsung is so far ahead as a result. Not a lot of love for Apple as it used to be. And the Big 3 vs Toyota. Toyota is now #3. People don’t like bullies or spoiled brats – are you listening RED??
When will these guys ever learn? Jim – just build a good camera and stop dicking around!
Cheers,
Take 5
Dustin says
Just another RED moment guys.
Darren Kelly says
He can build a camera. Of course, it would be just the one, and it would be in a glass case.
Now he’s in to vapour lawsuits