ACTG stock pumpers on the Yahoo board were wondering that if Spike knows they had a license via Voice Media, why doesn't he contact Acacia to let them know about it.
I chatted with Spike about this issue just now, and he said that Berman has been aware for a long time. He talked to Berman on the phone about this a year ago.
HomeGrown had some speculations that something was going on with Voice Media, but Berman would not confirm nor deny it about a year ago.
It was only recently in depositions with Voice Media that it became factually clear to HomeGrown that something was indeed going on with licensing.
When I asked him why he doesn't let Acacia know of their "clerical error", he responded that it's not his duty to let the plantiff know they have the wrong defendant, and the fact that he had already talked to Berman about this issue, so it would just be repeating what was already known by Acacia.
So here it is now, as it was a year ago or so ago, Acacia had knowledge that HomeGrown had a license but has continued to name them in a lawsuit.
Now that Spike's side has been answered, seems to me the question to Acacia is still, "why is HomeGrown a defendant in this case?".
Fight the Geraldo!
|