Dominion v Powell- Dominion’s rebuttal of the allegations asserted

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think they will have to show that they have lost or are substantially certain to lose 13 deals or have 13 contracts cancelled to the same magnitude.

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is the initial pleading of a party's allegations. Not fact. So what's your point?

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My point is that Dominion is going to have to prove actual malice under Sullivan's public figure standards because of its high-profile sordid past in Venezuela

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Sidney acting in her capacity as an attorney advocate in many situations, Dominion will face additional privilege hurdles with this defamation claim.

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Again, you need to read it as you believe things that aren’t supportable in and way.

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In October 2009, Dominion granted Smartmatic a worldwide (except for the United States and Canada) nonexclusive license to certain precinct count optical scan (“PCOS”) voting systems that Dominion had developed (the “License Agreement” or the “Agreement”). The License Agreement granted Smartmatic rights to certain patents and patent applications that Dominion owned or controlled (the “Licensed Patent Rights”) and to “all know-how, trade secrets, methodologies and other technical information owned or possessed by Dominion” (the “Licensed Technology”).1 The License Agreement contains a noncompetition provision. This provision limits Smartmatic's rights to develop, market, or sell2 products that embody the Licensed Technology (the “Licensed Products”). The noncompetition provision, discussed in detail infra, restricts Smartmatic's right to sell both Licensed Products (i.e., Dominion PCOS voting systems) and non-Dominion PCOS voting systems. These restrictions apply differently in different parts of the world. The section of the noncompetition provision that gives rise to this dispute is Section 3.4(b), which states in relevant part that “Smartmatic shall not develop, market or sell any Licensed Product in the United States.”

When the parties entered into the License Agreement, Dominion intended to focus its efforts on Canada and the United States.4 Smartmatic would focus on emerging international markets.5 In fact, before entering the License Agreement and based on prior agreements with Dominion, Smartmatic contracted with the Republic of the Philippines to provide certain technology and services to modernize and automate the Philippines' national elections.

The parties' relationship hit a snag in June 2011 after the Puerto Rico State Elections Commission issued a request for proposals. The Commission sought to acquire products to implement a uniform electronic vote-counting system using optical scanning voting technology like Dominion's. Both Smartmatic and Dominion submitted bids. On May 23, 2012, Dominion notified Smartmatic by letter that Smartmatic was in breach of the License Agreement because it submitted a bid to the Government of Puerto Rico to sell Licensed Products “in the United States” in violation of Section 3 .4(b). Dominion also purported to terminate the agreement as a result of Smartmatic's alleged breach. In a May 24 response, Smartmatic rejected Dominion's termination as invalid because Puerto Rico is not “in the United States.” The parties now contest, among other things, the validity of Dominion's purported termination. Since the termination, Dominion has not performed its obligations under the License Agreement.

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SMARTMATIC INTERNATIONAL CORPORATION, et al., Plaintiffs,
v.
DOMINION VOTING SYSTEMS INTERNATIONAL CORPORATION, et al., Defendants.
Dominion Voting Systems International Corporation, et al., Counterclaim–Plaintiffs,
v.
Smartmatic International Corporation, et al., Counterclaim–Defendants.
Dominion Voting Systems International Corporation, et al., Third–Party Plaintiffs,
v.
Smartmatic Tim Corporation, Third–Party Defendant.
C.A. No. 7844–VCP.
Submitted: Jan. 14, 2013.
Decided: May 1, 2013.

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C.A. No. 7844–VCP.

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Sidney and Lin Woods are not dumb (though Lin's a little crazy), so they may have been baiting Dominion all along while pressing the voter fraud cases.

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