CH72 - Judges are also Human

Ethan Jones's words left the two lawyers quite puzzled.

They glanced at each other, and the one sitting on the left said, "Mr. Jones, forgive me for being straightforward. I don't understand what you mean because our client explicitly stated that they want the infringer to face legal consequences."

"If you only want to resolve the issue through monetary compensation, I believe our client won't agree."

"Is that so?" Ethan smiled, nodded, and said, "Then please convey to your client, Magnavox, that I, Ethan understand why they separated the lawsuits between me and Atari."

"I, Ethan Jones, can assure them right here that they will definitely receive two compensations."

"?"

The lawyers from Sidley Austin looked confused; they didn't understand Ethan's words.

Nevertheless, they followed Ethan's instructions.

After all, Magnavox's lawsuit against Atari was also their doing.

...

"Barbara, you asked why I know Magnavox is willing to settle?"

"This question is actually simple." Ethan smiled and said, "As you mentioned before, Magnavox's lawsuit behaviour was quite unusual, so much so that you once thought Magnavox might be deliberately targeting me."

"I couldn't answer your question before, but now I can affirm it. Yes and no."

"The reason for saying yes is simple because I think the reason Magnavox sued me is that they felt embarrassed."

"Just as you said before, when middle-level leaders can blame subordinates to save their jobs, those higher-ups won't fare any better. When facing the boss's inquiry, they will struggle for help like a drowning person."

"My existence does make them face inquiries."

"So, they will sue me at all costs, trying to get compensation from me. This can only be done by an external law firm because no one knows whether the internal lawyers are loyal."

Upon hearing this, Barbara relaxed.

"Oh, Ethan... if that's the case, it makes complete sense."

At the same time, she asked, "And if not?"

"The reason for not targeting me is even simpler."

Ethan picked up the cup on the table and shook it gently.

The calm surface of the water instantly rippled.

Looking at the disturbed scene, Ethan smiled, raising his cup. "Because Magnavox knows that Atari has the patent authorization for television games and training devices. But they don't know whether Atari infringed, just as Steve Jobs pointed out last night. Atari can navigate around the infringement issue of 'Snake Game' as long as the contract we sign doesn't involve machine agency."

"Magnavox will definitely be aware of this."

"So, to be absolutely sure, they separated the lawsuits."

"Because my infringement is an inevitable fact, the temporary application from the patent office can testify to that. However, Atari's infringement is like Schrödinger's cat. Magnavox is not sure whether Atari infringed until Atari presents the contract we signed in front of Magnavox."

"When Magnavox started doing this, it could only prove one thing..."

Ethan finished the water in the cup, smiling at Barbara. "The person deciding to sue us doesn't really care whether we infringed or not. They just want to secure compensation, get compensation through legal means, and get compensation that can prove to their boss that they are not wrong."

"If they really cared, they would have sent a letter of inquiry first instead of suing directly."

...

"Uh... Mr. Jones... I just contacted our client, and they are very satisfied with the information you provided."

The lawyer from Sidley Austin smiled at Ethan Jones and said, "But, our client said that these established facts cannot be a bargaining chip unless you can come up with something else, something that interests our client."

"So, I want to know, what can make our client interested?"

Ethan leaned back, interlacing his fingers on his stomach.

"You should be able to feel that I am here today with sincerity."

"Oh, Mr. Jones, sincerity is not something you say with your mouth, right?"

The lawyer from Sidley Austin, who had previously made the phone call to communicate with Magnavox, smiled. "You can fully promise more to us."

...

"Even if you know Magnavox is just after money, and their higher-ups are only trying to save their jobs, actively seeking a settlement is actually the least favourable choice for you, Ethan. Do you understand what I mean?"

Barbara took a deep breath and continued, "If we follow the procedure, submit the defence, timely provide evidence, and let the court move the case into the settlement phase under the judge's intervention, then you won't have to pay so much."

Having said that, Barbara paused for a moment and then changed her tone, speaking with emphasis:

"Ethan, I should have told you, that judges are not gods; they are also human beings."

"When two young kids stand at the defendant's table, looking bewildered, listening to the plaintiff's lawyer outlining their wrongdoings, any judge would feel sympathy! Because they understand how absurd this patent is!"

"Even in this situation, to maintain the fairness of the law, you may still lose the case. But the judge, or when it goes to trial, the jury, they will all think a million-dollar compensation is excessive!"

"They will surely consider reducing Magnavox's compensation!"

"If I were defending you, I would definitely argue that it was unintentional. In that case, a hundred thousand? Two hundred thousand? It would already solve the problem! You know, Atari paid only seven hundred thousand for their 'Pong'!"

"Let me assure you, if it goes beyond two hundred thousand... even Stanford won't approve!"

"As soon as I report this, and Evelyn discusses it with Vinton, all the school leaders will make calls to help you. They will actively communicate with those fools in the San Francisco court!"

"Because this is really not your fault!"

...

"Promise more?"

Ethan Jones smiled at the words of Sidley Austin's lawyer.

"I think you may not have grasped the key to the issue. Settlement is actually more in your interest."

"If you go to court, even if you have legal reasoning, you can't possibly get more money than a settlement!"

"Because your client Magnavox has never publicly claimed to own the patent for 'television gaming and training device'! It's not that your client can't declare it; it's that your client dares not declare it!"

"Any normal person knows how absurd this patent is! Your client dares to sue directly, instead of sending a lawyer's letter, simply to use legal means to shut up the infringers!"

"Attempting to send a lawyer's letter would lead to infringers publicizing your client's absurd patent in the media, gaining public support. But by suing directly, you can use the Federal Rules of Civil Procedure to demand the protection of your client's patent information! Because this involves your client's privacy and trade secrets!"

At this point, Ethan leaned back, mocking, "But your demands can only deceive ordinary people, right? Because before the court issues a protective order, I can expose everything to the media."

"Other defendants dare not expose because they know the lawsuit is doomed and want to settle with your client for less money. But when I'm willing to pay, you refuse to settle and insist on a sales ban..."

"Then, I'm afraid I can't help it."

Although Ethan smiled, his words were icy. "Tell Magnavox."

"If they insist on a sales ban, I'll contact the Los Angeles Times."

"They want to make money lying on patents, right?"

"I really want to know how much you can earn from this lawsuit that is sure to win but unjust!"

"I think there's one thing you know better than me, right?"

"Judges are also human beings."

Sidley Austin's lawyer looked deeply at Ethan Jones, then stood up and made a call.