Bannana in the Legal Gulag by Vallila Martti

Author:Vallila, Martti
Language: eng
Format: epub
Publisher: UNKNOWN
Published: 2013-08-03T00:00:00+00:00

4. Text of the District Court decision

This judgment was announced on the day the arbitration hearing began. Plaintiff attempted to halt the arbitration, via an injunction, and argued both procedure (that the arbitration did not have jurisdiction), and facts (that my agreement with Dr. Poponin was unconscionable).

Evidence and argument presented to the Court were very similar to arguments presented in the arbitration. This ruling constitutes the only legal opinion on the facts presented, as the decision in the arbitration was never announced.

The judgment finds that the agreement and assignment were, in fact, separate agreementsand states that Poponin’s contention that the agreement was unconscionable is without merit.

It also confirms that the tribunal’s pre-hearing discovery order covered all agreements Dr. Poponin signed with third parties,irrespective of which of Dr. Poponin’s patents is involved.

This exposes Sacksteder’s response (that there were“no such documents”) to be fraud on the tribunal when combined with revelations included in exhibit 5, a representation by Khosla’s counsel to the Superior Court of the State of California that proves the existence of four Notes constituting four“agreements” between Poponin and Khosla.

I have italicized key referenced portions of the judgment.

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