The majority of things which they mention in the new case are already in the old case. The Heresy era jetbikes are claim #134, alternate Tau crisis suit heads are claims #135 and #136, Heresy era shoulderpads are claims #137 through #141 and Tru-Scale Marines are claims #142 and #143.
Other items like the Storm Raven kit are used nominatively and are named in a pretty clear manner which would avoid confusion.
The summary judgement on the initial set of claims was set to come down the pipe 10-14 days from 13 days ago. So, that "should" be coming out today or tomorrow. Thursday is Thanksgiving here in the US - and some judges like to drop those sorts of things just before a holiday so they can avoid hearing from complaining lawyers for a little bit longer.
The actual court case was set to start in December but had to be rescheduled until early 2013. The new date hasn't been set yet the last I looked, though several portions will likely be settled in the summary judgement.
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Indeed. Which is why it suggests a certain confidence in their current position.
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Or that they think they are going to lose and want to file before it'd be rejected immediately.
Or that they think that they are going to lose with what they've currently got, and are trying to sneak in some 'after discovery' additions, which is even more amusing as the trademarks they are trying to defend in the 2nd suit were all filed after the first one started, so are obviously inadmissible in the first case. How they'd be regarded in a merged case I don't know, but I assume a judge wouldn't be too favourable about someone suing based on a trademark infringement when the trademark wasn't registered yet.
I certainly don't think it shows confidence on GW's part.
I agree with Herzo's thinking. It smacks more of desperation than confidence.
To me, it looks like they were trying to get another judge to pick up their 2nd case, in order to get a difference of opinion. It doesn't seem like they were aware the original judge may have had the foresight to request additional cases.
I would be interested in what their excuse would be to Judge Kennely about the second case.