The legal proceedings against Cloanto Corporation, Amiga Corporation (formerly CA Acquisition Corp.), Itec LLC and Amino Development v. Hyperion Entertainment in the Western District of Washington took a significant turn in late April 2026. The court filings reflect a coordinated move by the parties to suspend the ongoing litigation and open a formal negotiation process, instead of continuing the legal confrontation that has dragged on for years.
The main filing requests the dismissal of the case "without prejudice," meaning that the proceedings are halted but not definitively closed, leaving open the possibility of reactivating them later. This request directly responds to a previous court order requiring a joint report on the status of the case and is presented as an alternative given Hyperion's current situation: it lacks legal representation in the United States and has no intention of retaining it unless the litigation is reactivated.
The central element of this move is the so-called “Agreement to Facilitate Settlement,” signed by the parties at the end of April 2026. This agreement establishes a framework for negotiating in good faith the resolution of all existing disputes, with the explicit objective of ending active litigation and avoiding new legal proceedings in the same forum. In this context, the parties commit to requesting the dismissal of all claims and counterclaims in both this proceeding and the related case known as “Hyperion II,” while negotiations continue.
One of the most important aspects of the agreement is the internal clarification of rights ownership. Hyperion expressly recognizes the validity of the assignment made in 2019, whereby AmigaInc. transferred the 2009 agreement and its associated rights to Amiga Corporation and Cloanto. In turn, Cloanthus yields to Amiga The Corporation is transferring the rights to the software at issue, including historical versions and components such as Kickstart, along with the corresponding copyrights and associated materials. This reorganization also affects trademarks, as it contemplates the reassignment of rights to the distinctive signs linked to Amiga.
As a direct consequence of these transfers, the agreement stipulates that, should the litigation resume, Amiga Corporation assumes the primary position as plaintiff, replacing the other parties and thus solidifying its role as the holder of the disputed rights. Simultaneously, Hyperion expressly waives any claim against the registration of the AMIGA trademark in the United States, a significant shift from its position in earlier stages of the dispute.
The agreement also introduces a statutory time limit suspension mechanism, freezing the statute of limitations for all existing claims. This suspension extends until September 30, 2026, or until litigation resumes, whichever comes first, ensuring that neither party loses any rights while negotiations are underway. Furthermore, an initial deadline for reaching an agreement is established, with the possibility of extension if both parties agree.
In parallel, the temporary suspension of administrative proceedings related to trademarks at the USPTO (the US office in charge of patents and trademarks) is being considered, including oppositions and applications linked to names such as AMIGAONE and AMIGAOS, reinforcing the idea of a general pause on all legal fronts while an attempt is made to reach a global solution.
The documentation also includes a statement from Cloanto's lawyer detailing the context of the agreement's signing and Hyperion's internal situation. It confirms that Timothy De Groote has acted as the company's director since December 2024 and that he participated directly in the negotiations, stating that he had sufficient authority to sign the agreement on behalf of the company. This information is supported by official records from the Belgian business database, submitted as evidence.
The signing process was carried out using DocuSign, with the participation of Mike Battilana representing Cloanto and Amiga Corporation, and De Groote himself on behalf of Hyperion, with full execution of the agreement recorded at the end of April 2026. Finally, the corresponding service certificate is attached, which proves the formal presentation of these documents to the court and their notification to the counterparty.
Taken together, the documentation reflects a clear strategic shift: the parties are choosing to pause complex and protracted litigation to attempt to resolve their differences through direct negotiation, while internally reorganizing ownership of the legacy rights. Amiga and establish the necessary legal basis to resume the conflict should the talks fail.
You can consult the entire documentation here.
