Max Sound Provides An Update On Contempt Hearing And Advancing Litigations
14 Avril 2016 - 10:45PM
InvestorsHub NewsWire
Max Sound Provides An Update On Contempt Hearing
and Advancing Litigations
SAN DIEGO, CA
-- April 14, 2016 -- InvestorsHub NewsWire
-- Max Sound
Corporation (MAXD) provides a litigation update to its
Shareholders on (a) the contempt case against VSL, (b) the Google
matter and (c) the next steps in litigation.
On April 7th,
2016 MAXD and its counsel, appeared in San Diego Superior Court for
an Order to Show Cause (OSC)
hearing to
determine whether VSL should be found to be in contempt of Court.
Prior to opening statements, the Court determined that the
applicable burden of proof in these proceedings would be “beyond a
reasonable doubt”, given that Contempt proceedings are punitive in
nature. This is the same burden of proof given in criminal
proceedings; and since Contempt is a quasi-criminal
proceeding, this is the applicable standard of proof. Following a
day of testimonies, the case required additional time and
testimonies, so the Court continued the hearing until April
13th, 2016.
On April 13, 2016, after
receiving all of the evidence the Court made the following
determinations: (1) The Court determined TopFemaleExec-2014
to be that of Constance Nash. However, while the Court determined
TopFemaleExec-2014 to be that of Constance Nash, it determined that
the Injunction Award was limited to VSL Communications, and would
not entertain any alter ego analysis. (2) The Court determined that
the Injunction Award was ambiguous as to whether VSL Communications
was required to withdraw its striking off proceedings. (3) The
Court determined that the Injunction was further ambiguous as to
whether it pertained to “online” commentary.
For the above reasons,
the Court determined that MAXD could not meet the burden of proof
of “beyond a reasonable doubt.” However, the Court did
comment that if the burden of proof was the civil standard of
“preponderance of evidence” MAXD would have met that
threshold.
“VSL’s defense found
a legal loophole that basically forced the Judge to have to ask
herself whether all reasonable doubt has been removed on whether or
not Nash is acting on the behalf of a citizen with 1st
amendment rights protecting her assets as Vedanti not VSL.” said
John Blaisure CEO of MAXD. Blaisure continued, “Although we would
have liked for the Judge to rule in our favor, her decision simply
reinforces our resolve for justice, and we will continue to pursue
legal remedies afforded to us in US courts and
abroad.”
Yesterday’s OSC ruling
allows MAXD to move forward with its various actions against Google
and others, including filing an appeal in the US
Infringement Case Against Google. “We intend to appeal the court's
decision and are confident that it will be reversed by the court of
appeals," said Eric Buether of Buether, Joe
& Carpenter, Max Sound's lead council in the United States’
case. This Appeal
and other corresponding litigations are slated to begin being filed
within the next 30 days.
About Max Sound
Corporation: As creators of acclaimed MAX-D HD
Audio, Max Sound can provide a better solution for Audio, Video and
Data transmissions. Max Sound Corporation is the company that
brings forth technologies for the betterment of our digital world,
including VSL's Optimized Data Transmission Technology. Max Sound®,
MAXD® and MAX-D Audio Perfected® are registered trademarks. All
other trademarks are the property of their respective owners. To
learn more about the MAX-D Technology, please visit http://maxd.audio.
SAFE HARBOR
STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF
1995: Statements in this press release
which are not purely historical, including statements regarding Max
Sound's intentions, beliefs, expectations, representations,
projections, plans or strategies regarding the future are
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. The forward-looking
statements involve risks and uncertainties including, but not
limited to, the risks associated with the effect of changing
economic conditions, trends in the products markets, variations in
the company's cash flow or adequacy of capital resources, market
acceptance risks, technical development risks, and other risk
factors. The company cautions investors not to place undue reliance
on the forward-looking statements contained in this press release.
Max Sound Corporation disclaims any obligation and does not
undertake to update or revise any forward-looking statements in
this press release. Expanded and historical information is made
available to the public by Max Sound Corporation and its Affiliates
on its website http://maxd.audio
or at http://www.sec.gov.
Contact:
Max Sound
Corporation
info@maxsound.com
Max Sound (CE) (USOTC:MAXD)
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