Full hearing with new Acacia judge set

FightThePatent · 11-11-2003

AVN released late yesterday this article about the Friday meeting between the defendant's attorneys, Acacia, and the new judge.

http://www.avn.com/index.php?Primary_Navig...ontent_ID=48561

The 4th paragraph is of interest, where the article reports that the judge is favoring a Markman Hearing.

"Markman Hearing" is explained in this article: http://www.howrey.com/practices/ip/index.c...m?contentID=288

The significance of this event, if it happens, is that Acacia does not get discovery information from the defendants...they have to appear in court and present their claims, and the defendants present their defense claims. The judge weighs the arguments and determines if there real validity in the plantiff claims.)

One of the paragraph's address this:
"Because claim construction should be done without looking at the systems or methods that are accused of infringement, it is unlikely that Acacia will be able to find out how the Defendants' systems work and then tweak its claim construction arguments to make its infringement case," the message continued. "This is a huge victory because the documents that Acacia has given the Defendants thus far make clear that Acacia does not know how Defendants' systems work, and that it lacked a good faith basis for filing these suits in the first place. "

It's not like a trial, but is like one, in that you have to present evidence to support your claims (from my understand of Markman Hearings).

This could mean that the judge could be convinced with the prior art presentation by the defense to see that the Acacia patent claims are not valid and don't apply.

Given this potential direction, I have taken down the prior art page and the searching for prior art page to protect the defendants case.

Prior to this news, it was decided that the presentation of sample prior art and a list of prior to search for, was more of a benefit to the defendants case because it would allow more people to be involved in the searching and to also see that prior art is out there.

During discovery phase of litigation, Acacia would be handed over all the prior art that the defendants found, so it was not an issue if Acacia had read about some prior art on my pages.

But with a Markman Hearing and not having a discovery phase, this means Acacia could get some insight into what prior art the defendants might use and try to prepare their attack based on it.

For those that have joined me on the search for prior art, please send the leads to me, and don't post on boards.

There is a real reason now not to publically post the information.

I am making the private webpages available to defense attorneys and other interested parties.

The Adult Industry is not alone in Acacia's targetting.. mainstream IS AWARE and are getting their defenses in place.

Fight the Discovery!

Cassie · 11-11-2003

brandon youre the man

maybe this thorn in our sides will be removed sooner then we all thought (wouldnt that make for a nice christmas).

FightThePatent · 11-11-2003

Acacia can and will continue to persue licensing, no matter how good this news is.

They started the first big wave in October with the mailing of the 'Final Notice'.

In November, they are now spamming webmaster's email with the 'Final Notice'.

Nov. 30th is the "amnesty date" for their "introductory rates".

I believe in December is when they will file lawsuits.... Berman has fumed in articles before that since adult webmasters didn't respond to their 'information packets' earlier in the year, that they had no choice but to take them to court.

Since patent infringement cases are filed in the federal courts...and that most webmasters will likely to have atleast 1 customer that is in california, they will be able to file in California, no matter what state you live in.. since jurisdiction could be claimed by them.

So I can imagine the situation where a paralegal goes to Federal Court and pays the filing and summons fees for a stack of lawsuits....

Their strategy might then be to convince a webmaster with a summons to settle now (plus the court fees) or else face a greater expense in going to court.

This is serious stuff...and I hope webmasters are paying more attention.....because if you do receive the letter... who are you going to turn to?

Fight the Patent Foundation is but an abstract of an idea.. and if it were in operations, it's ACLU-like approach would be there to support you with legal defense.

Fight the Apathy!

Sharpie · 11-11-2003

Are you sure they can sue you in California if your office is in another state?

In copyright suits - they have to sue you where you work from, and not where you sell product to.

Carrie · 11-11-2003

GO IMPA!!!!!!!!!

FightThePatent · 11-11-2003

Quote:

Originally posted by Sharpie@Nov 11 2003, 08:59 AM
Are you sure they can sue you in California if your office is in another state?

I checked with an attorney...and Patent disputes are handled at the federal level...and they can set the jurisdiction if one of the visitors to the website is in california...so it's a pretty good case that this is the situation, so therefore they can take home court advantage.

Fight the Jurisdiction!

FightThePatent · 11-11-2003

Quote:

Originally posted by Carrie@Nov 11 2003, 09:04 AM

GO IMPA!!!!!!!!!

Should be "Go Defendants!"

IMPA is not involved in litigation against Acacia's claims, other than for antitrust issues....IMPA is an association that has a membership structure.

The Defense Fund is the pooling of money by the defendants to help pay for attorney time. Money sent to the Defense Fund directly helps to pay the attorney bills.

Money given to IMPA does not go to the Defense Fund...it is a confusing point for so many.

Fight the Confusion!

spazlabz · 11-11-2003

Quote:

Originally posted by FightThePatent@Nov 11 2003, 08:54 AM
Acacia can and will continue to persue licensing, no matter how good this news is.

They started the first big wave in October with the mailing of the 'Final Notice'.

In November, they are now spamming webmaster's email with the 'Final Notice'.

Nov. 30th is the "amnesty date" for their "introductory rates".

I believe in December is when they will file lawsuits.... Berman has fumed in articles before that since adult webmasters didn't respond to their 'information packets' earlier in the year, that they had no choice but to take them to court.

Since patent infringement cases are filed in the federal courts...and that most webmasters will likely to have atleast 1 customer that is in california, they will be able to file in California, no matter what state you live in.. since jurisdiction could be claimed by them.

So I can imagine the situation where a paralegal goes to Federal Court and pays the filing and summons fees for a stack of lawsuits....

Their strategy might then be to convince a webmaster with a summons to settle now (plus the court fees) or else face a greater expense in going to court.

This is serious stuff...and I hope webmasters are paying more attention.....because if you do receive the letter... who are you going to turn to?

Fight the Patent Foundation is but an abstract of an idea.. and if it were in operations, it's ACLU-like approach would be there to support you with legal defense.

Fight the Apathy!

I can clearly picture in my minds eye a bunch of webmasters each at their own computer chuckling to themselves
"Look, it's chicken little! Scurrying around screaming 'The sky is falling! The sky is falling!"
what a surprise it will be to them if indeed the sky DOES FALL.
Brandon, you know I support your efforts 100% and will continue to give/do what I can to help you get the FTPF off the ground.

spaz

Carrie · 11-11-2003

Quote:

« Previous Thread | Next Thread »

Originally posted by FightThePatent+Nov 11 2003, 12:44 PM-->
QUOTE (FightThePatent @ Nov 11 2003, 12:44 PM)

__________________
Need a kick-ass design done quickly?
I recommend Sex Creator - they absolutely ROCK.

Carrie

View Public Profile

Send a private message to Carrie

Find More Posts by Carrie

11-11-2003 #10

FightThePatent

Members

Join Date: Oct 2003

Posts: 303

Quote:

Originally posted by Carrie@Nov 11 2003, 11:14 AM
Go anyone who's standing up to Acacia!!

(How's that? :P)

ok fine... now how about your avatar change? Did you give up on having to explain to noobs that the pic isn't you??

So now, they are going to think those are your legs............ are they?

Fight the Noobs!

__________________
Learn more about Acacia and other patent abuse cases at: http://www.FightThePatent.com | find the goldmines of traffic

FightThePatent

View Public Profile

Find More Posts by FightThePatent

11-11-2003 #11

Carrie

Eternal Newbie

Respin bullshit press Your Comments Are Welcomed

Join Date: Oct 2002

Location: Inside your monitor

Posts: 2,850

LOL - I didn't even think of that. They probably will assume those are my legs (they aren't). Maybe they'll at least get the idea that I'm female, though? One can only hope. :P

__________________
Need a kick-ass design done quickly?
I recommend Sex Creator - they absolutely ROCK.

Carrie

View Public Profile

Send a private message to Carrie

Find More Posts by Carrie

11-11-2003 #12

FightThePatent

Members

Join Date: Oct 2003

Posts: 303

Quote:

Originally posted by spazlabz@Nov 11 2003, 11:01 AM

I can clearly picture in my minds eye a bunch of webmasters each at their own computer chuckling to themselves
"Look, it's chicken little! Scurrying around screaming 'The sky is falling! The sky is falling!"
what a surprise it will be to them if indeed the sky DOES FALL.

Spaz,

let me first say, i do appreciate your support and all the many, many webmasters who have contacted me and supported my efforts.

Your comments are not that far off..... i went into this whole thing knowing that the odds were already against me, rallying webmasters for an effort that I am leading, where most have never heard of me (since i have been a five year lurker). Already realizing that when you open your mouth and stick your tongue out, your head goes with it..and thus the scrutiny and cricitisms.

Even further odds racked up against me in asking for webmasters for contributions to start the organization. Add on a bonus multiplier of setting the pledge goal to $250,000........

.....And you have the makings of a gaping spread that the bookies can't even put odds on it....a "long shot" would not even best describe how far off a chance FTPF has in launching.

I know alot of webmasters are nervous...and hope that this will all just go away.. or that since there are defendants fighting, that there is no need to do anything.

FTPF suffers from the same state of apathy as IMPA.. so i realize that alot has little to do with me personally.

The sad fact is that without unity, webmasters can be picked off one by one by patent holders..... IMPA does not have a large amount of members, despite it's founding members are the ones looking out to really protect all webmasters right to use audio/video from this Acacia issue.

When a webmaster gets slammed with a piece of the sky that Chicken Little says will be falling.. who will they turn to?

Sure, I will get an email or an ICQ message...but nothing I can do to help with FTPF being put a abstract idea..... i will have sympathetic ear, but not even IMPA can help...they aren't structured to be like the ACLU to be able to directly help webmasters with legal issues. This is where Spike and Far-L clearly see how FTPF can do things that they can't as an association.

If after all my attempts at bringing awareness to this issue (in these 3+ months), that webmasters are not even card carrying IMPA members.... then it should be no surprise if a webmaster feels like they are lost.

Fight the Soapbox!

__________________
Learn more about Acacia and other patent abuse cases at: http://www.FightThePatent.com | find the goldmines of traffic

FightThePatent

View Public Profile

Find More Posts by FightThePatent

11-11-2003 #13

FightThePatent

Members

Join Date: Oct 2003

Posts: 303

Quote:

Originally posted by Cassie@Nov 11 2003, 06:42 AM
maybe this thorn in our sides will be removed sooner

I have a thorn in my side, and it's not Acacia..

It's someone that probably needs to be in a 12 step program for making "clicking" noises that have no relevance.

Fight the Thorns!

__________________
Learn more about Acacia and other patent abuse cases at: http://www.FightThePatent.com | find the goldmines of traffic

FightThePatent

View Public Profile

Find More Posts by FightThePatent

Bookmarks

Google

Thread Tools

Show Printable Version

Email this Page

Posting Rules
You may not post new threads You may not post replies You may not post attachments You may not edit your posts BB code is On Smilies are On [IMG] code is On HTML code is On

All times are GMT -4. The time now is 09:38 PM..

11-11-2003	#2
Cassie Members Join Date: Jun 2003 Location: NYC Posts: 217	brandon youre the man maybe this thorn in our sides will be removed sooner then we all thought (wouldnt that make for a nice christmas). __________________ LONGZ ICQ: 211522

11-11-2003	#1
FightThePatent Members Join Date: Oct 2003 Posts: 303	AVN released late yesterday this article about the Friday meeting between the defendant's attorneys, Acacia, and the new judge. http://www.avn.com/index.php?Primary_Navig...ontent_ID=48561 The 4th paragraph is of interest, where the article reports that the judge is favoring a Markman Hearing. "Markman Hearing" is explained in this article: http://www.howrey.com/practices/ip/index.c...m?contentID=288 The significance of this event, if it happens, is that Acacia does not get discovery information from the defendants...they have to appear in court and present their claims, and the defendants present their defense claims. The judge weighs the arguments and determines if there real validity in the plantiff claims.) One of the paragraph's address this: "Because claim construction should be done without looking at the systems or methods that are accused of infringement, it is unlikely that Acacia will be able to find out how the Defendants' systems work and then tweak its claim construction arguments to make its infringement case," the message continued. "This is a huge victory because the documents that Acacia has given the Defendants thus far make clear that Acacia does not know how Defendants' systems work, and that it lacked a good faith basis for filing these suits in the first place. " It's not like a trial, but is like one, in that you have to present evidence to support your claims (from my understand of Markman Hearings). This could mean that the judge could be convinced with the prior art presentation by the defense to see that the Acacia patent claims are not valid and don't apply. Given this potential direction, I have taken down the prior art page and the searching for prior art page to protect the defendants case. Prior to this news, it was decided that the presentation of sample prior art and a list of prior to search for, was more of a benefit to the defendants case because it would allow more people to be involved in the searching and to also see that prior art is out there. During discovery phase of litigation, Acacia would be handed over all the prior art that the defendants found, so it was not an issue if Acacia had read about some prior art on my pages. But with a Markman Hearing and not having a discovery phase, this means Acacia could get some insight into what prior art the defendants might use and try to prepare their attack based on it. For those that have joined me on the search for prior art, please send the leads to me, and don't post on boards. There is a real reason now not to publically post the information. I am making the private webpages available to defense attorneys and other interested parties. The Adult Industry is not alone in Acacia's targetting.. mainstream IS AWARE and are getting their defenses in place. Fight the Discovery! __________________ Learn more about Acacia and other patent abuse cases at: http://www.FightThePatent.com \| find the goldmines of traffic

11-11-2003	#4
Sharpie Members Join Date: Oct 2002 Posts: 747	Are you sure they can sue you in California if your office is in another state? In copyright suits - they have to sue you where you work from, and not where you sell product to.

11-11-2003	#5
Carrie Eternal Newbie Respin bullshit press Your Comments Are Welcomed Join Date: Oct 2002 Location: Inside your monitor Posts: 2,850	GO IMPA!!!!!!!!! __________________ Need a kick-ass design done quickly? I recommend Sex Creator - they absolutely ROCK.