Quote:
Originally posted by crockett
Acacia is trying to force me to sign an agreement which I belive could cause myself and my new business financial harm. Acacia is using a specific date in an atempt to scare me into settleing with them "or else" with the implied failure meaning they will not licence me or I will have to pay higher fees.
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I have read their notices many times, and they aren't forcing you to sign anything.
If they did make a threat, you could go into court and ask for a Declaratory Judgement ("DJ") because you can argue that you are under EMINENT jeopardy or some legal term like that, where you are the Plantiff, and they have to EXPLAIN EXACTLY to the judge why you are infringing.
The flipside, is that if the judge decides in their favor, then end up going to court.. so you had better have your prior art and your defense almost air tight.
No lawyer is going to be able to take the "final notice" and get a DJ court hearing.
Acacia has crafty attorneys.... they know the game.. their problem is that Berman has said too many things that may get them into trouble.
Yes, the amnesty date does sound ominous, but it's NOT threatening.
Fight the Patent!