Acacia Judgements - The Facts! - GoFuckYourself.com

JMM · 07-17-2003, 01:18 PM

Yesterday, someone posted a link to an article titled: "Broad Patents on Streaming Media Upheld", which reported that Acacia had won a preliminary injuction against 5 companies as a result of default judgements entered against those companies for infringing on Acacia's patents.

There was much speculation on this and other boards. Some said "Acacia won round 1", others said, "A judgement is a judgement and this helps Acacia".

Let me take this opportunity to briefly discuss actual facts.

1. A judgement is not a judgement: The preliminary injunction, and the default judgements mean nothing. These judgements were entered against companies who never responded to the lawsuits. No evidence was heard or presented. In FACT, these judgements were NOT a ruling on the merits of the case by the district court judge, rather they are default judgements entered on the docket as an administrative action by a clerk of the court.

2. The defendants never showed up: That's right, they weren't even there. These judgements, and claims that they somehow uphold the patents, mean nothing. A good analogy would be when a boxer is ruled victorious because his opponent never showed up.

3. The 5 defendants could still fight: Yep, default judgement. Should these defendants change their minds and decide to fight, the judgements and injunction are typically removable as a matter of course.

As I said yesterday, the judgements against the 5 defendants and the preliminary injuction, neither hurt, nor strengthen our case. No evidence was heard, no evidence was presented. It was a non-event.

These judgements and preliminary injunction are along the lines of Acacia's apparent posturing to pick on little companies unable to defend themselves, even to the point of not being able to afford to file an answer.

The defense group, and The IMPA, remain committed in their beliefs that the patents are NOT valid, and we will continue to vigorously defend ourselves, our business, and our industry, to prove our position in a court of law.

http://www.impai.org

Juicy D. Links · 07-17-2003, 01:19 PM

You know that these fuckers can be put to rest in one easy step.........

jollyperv · 07-17-2003, 01:21 PM

Indeed, they better beef up security at their office.

07-17-2003, 01:18 PM	#1
JMM Confirmed User Join Date: Apr 2001 Posts: 1,755	Acacia Judgements - The Facts! Yesterday, someone posted a link to an article titled: "Broad Patents on Streaming Media Upheld", which reported that Acacia had won a preliminary injuction against 5 companies as a result of default judgements entered against those companies for infringing on Acacia's patents. There was much speculation on this and other boards. Some said "Acacia won round 1", others said, "A judgement is a judgement and this helps Acacia". Let me take this opportunity to briefly discuss actual facts. 1. A judgement is not a judgement: The preliminary injunction, and the default judgements mean nothing. These judgements were entered against companies who never responded to the lawsuits. No evidence was heard or presented. In FACT, these judgements were NOT a ruling on the merits of the case by the district court judge, rather they are default judgements entered on the docket as an administrative action by a clerk of the court. 2. The defendants never showed up: That's right, they weren't even there. These judgements, and claims that they somehow uphold the patents, mean nothing. A good analogy would be when a boxer is ruled victorious because his opponent never showed up. 3. The 5 defendants could still fight: Yep, default judgement. Should these defendants change their minds and decide to fight, the judgements and injunction are typically removable as a matter of course. As I said yesterday, the judgements against the 5 defendants and the preliminary injuction, neither hurt, nor strengthen our case. No evidence was heard, no evidence was presented. It was a non-event. These judgements and preliminary injunction are along the lines of Acacia's apparent posturing to pick on little companies unable to defend themselves, even to the point of not being able to afford to file an answer. The defense group, and The IMPA, remain committed in their beliefs that the patents are NOT valid, and we will continue to vigorously defend ourselves, our business, and our industry, to prove our position in a court of law. http://www.impai.org

07-17-2003, 01:19 PM	#2
Juicy D. Links So Fucking Banned Industry Role: Join Date: Apr 2001 Location: N.Y. -Long Island -- Posts: 122,992	You know that these fuckers can be put to rest in one easy step.........

07-17-2003, 01:21 PM	#3
jollyperv Confirmed User Industry Role: Join Date: Nov 2001 Location: NYC Posts: 3,927	Indeed, they better beef up security at their office.