The judge has dismissed Bruce Kirby's claims against both Laser Performance and the Laser class on the grounds that Bruce Kirby has no standing to sue them, because he sold all his contractual and intellectual property rights to Global Sailing.
I don't think Kirby can sue anyone else. But what Global Sailing will do now is anybody's guess. They are still $1.6 million out of pocket with very little to show for it. And I suppose Kirby's lawyers could always appeal.
Interesting. I thought that Kirby's mistake was selling his company to Global Sailing without the approval of the other parties of the contracts, and that he later realized it himself, and bought it all back to clear things up. Now the judge says that that first sale was actually ok, but the sale back to Kirby wasn't complete - so now the ball is suddenly in GS's court.
An interesting new (to me) detail is that LP tried to claim that they wouldn't have to pay royalties for boats sold with Radial or 4.7 rigs!
This is not the end of this story, but the good thing is that the worst-case scenario is now even less likely to happen. That is, all Lasers from Banbury since May 2010 and from Ayase since October 2013 being declared non-Lasers.
Just a clarification on whether Kirby can sue anyone else. Pretty sure the answer is YES, he can.
All he has to do is join GS in a suit and he can begin again. I believe he can have a go at all parties again if the dismissals were "without prejudice". Can't recall if they were or not but I can't imagine a procedural dismissal would be "with prejudice". All he has to do is cure whatever procedural hiccups he ran into and begin again. Maybe some can't be cured but he now has a road map of how to do it right. If GS jumps on board with Kirby, or simply goes it alone, it's game on.
Let's hope the powers that be are thinking about settlements of some sort to prevent another 3+ years of legal fees on take 2.