Template for the hundreds of lawsuits that can be filed against Acacia?

[seventy]

http://www.manufacturing.net/ctl/ind...cleid=CA269801
http://www.controlmagazine.com/Web_F...ID/DFUO-5HEVD8
http://www.bustpatents.com/

Some of the complaint filed by Rockwell Automation and
Rockwell Software against Schneider Automation, Solaia Technology
(the two firms in control of the patents) and Niro Scavone Haller &
Niro. The suit was filed in the Eastern District of Wisconsin.

1. This lawsuit arises out of the concerted action undertaken
by Defendants to extract substantial sums of money from the
indutrial automation customers of Rockwell through an ongoing,
bad-faith campaign to "enforce" and "license" a certain patent
(U.S. patent 5,038,318, the '318 patent). In furtherance of
this conspiracy, Defendants have made and continue to make
false and objectively-baseless claims of patent infringement
against numerous manufacturers, particularly manufacturers
that use Allen-Bradley industrial automation products, and
thereby have caused injury to Rockwell in its business and
injury to competition in one or more markets for industrial
automation systems. In particular, as part of their plan to
injure Rockwell and disrupt competition, the Conspirators have
made baseless threats and allegations against manufacturing entities
that those manufacturers are infringing the '318 patent by,
among other things, using Rockwell-Allen-Bradley products;
have overstated in a reckless and misleading fashion the scope,
applicability and importance of the '318 patent to suppliers and
users of industrial automation equipment in general; and have
instituted repetitive, baseless, sham patent infringement litigation
against those manufacturers. The manufacturers threatened and/or
sued are potential customers of Scheider, a Rockwell rival.

2. Defendants' baseless threats, aleegations, and unfounded
lawsuits have been directed at numerous manufacturers, including
particularly users of Rockwell-Allen-Bradley industrial
automation equipment, without regard to the underlying merits of
the claimed infringement of the '318 patent and without an
objectively reasonable expectation of success on the merits of
their claims. In fact, Defendants have no objective of obtaining
adjudication on the merits of their claims. Rather, the Defendant's
campaign of baseless and reperitive threats, allegations and suits
has been undertaken to capitalize on the collateral effects of
those activities in an apparent effect: (a) to "shakedown"
manufacturers through threats of potential business interruption
or catastrophic damages and the certainty of substantial fees
and costs required to defend themselves in protected litigation;
and (b) to disrupt, damage and interfere with Rockwell's
relationship with both its actual and prospective customers
for industrial automation equipment.

[KRL]

BustPatents.com

That's toooooo funny. Perfect domain.

[mailman]

[Ludedude]

You should send that to [email protected] and then edit this thread. If you have something that's really useful no sense putting it out there for the distinguished scumbags of the opposition to see.

[nuclei]

Originally posted by seventy
http://www.manufacturing.net/ctl/ind...cleid=CA269801
http://www.controlmagazine.com/Web_F...ID/DFUO-5HEVD8
http://www.bustpatents.com/

Some of the complaint filed by Rockwell Automation and
Rockwell Software against Schneider Automation, Solaia Technology
(the two firms in control of the patents) and Niro Scavone Haller &
Niro. The suit was filed in the Eastern District of Wisconsin.

1. This lawsuit arises out of the concerted action undertaken
by Defendants to extract substantial sums of money from the
indutrial automation customers of Rockwell through an ongoing,
bad-faith campaign to "enforce" and "license" a certain patent
(U.S. patent 5,038,318, the '318 patent). In furtherance of
this conspiracy, Defendants have made and continue to make
false and objectively-baseless claims of patent infringement
against numerous manufacturers, particularly manufacturers
that use Allen-Bradley industrial automation products, and
thereby have caused injury to Rockwell in its business and
injury to competition in one or more markets for industrial
automation systems. In particular, as part of their plan to
injure Rockwell and disrupt competition, the Conspirators have
made baseless threats and allegations against manufacturing entities
that those manufacturers are infringing the '318 patent by,
among other things, using Rockwell-Allen-Bradley products;
have overstated in a reckless and misleading fashion the scope,
applicability and importance of the '318 patent to suppliers and
users of industrial automation equipment in general; and have
instituted repetitive, baseless, sham patent infringement litigation
against those manufacturers. The manufacturers threatened and/or
sued are potential customers of Scheider, a Rockwell rival.

The above part sounds too familliar doesnt it folks....

[boobmaster]

apparent effect: (a) to "shakedown"
manufacturers through threats of potential business interruption
or catastrophic damages and the certainty of substantial fees
and costs required to defend themselves in protected litigation;

Shake down, eh? So what we're really talking about here is a street gang trying to extort money.

works for me ....

[fiveyes]

Originally posted by Ludedude
You should send that to [email protected] and then edit this thread. If you have something that's really useful no sense putting it out there for the distinguished scumbags of the opposition to see.

You make it sound as if we're playing poker and need to keep our cards close to our vest. That's not the case.

First off, a group that acts together, functions more effectively if they communicate together. Any and every attempt to suppress discussion within a group can only be looked upon as a "sheep herding" attempt.

Secondly, ninety nine percent of all the ideas, plans and ploys that might be set forth in these forums are going to be anticipated by the "scumbags of the opposition" anyway. They are not going to base their arguments on our prattle here, they are professionals who had already drawn up their battle plans before the first shot was fired.

Finally, and most importantly, that one percent of thought that just might beat this had better be made in open forum. Prior art is prior art, and the only defense against it is if it doesn't surface. Once it's known, that's it! End of ball game, we can all go home.

Just for instance- I might suggest that someone go look into the stacks at their local community college for manuals that describe the way BBS's stored and served anim files back in the eighties. All that's needed is one such manual that basically covers the claims made by this patent and they've been shot out of the water!

Does my saying so in a public forum endanger our chances or enhance them?

[Brad Mitchell]

Originally posted by fiveyes
Does my saying so in a public forum endanger our chances or enhance them?

To the extent that good strategy is always private, this thread should be deleted and persued privately.

[AWC]

Should there not be a private forum for "known and trusted" webmasters to discuss this somewhere?

[fiveyes]

Originally posted by SinEmpire


To the extent that good strategy is always private, this thread should be deleted and persued privately.

Are you suggesting that the man in the street (us) are to quietly stand by while our future is decided behind closed doors?

[Gemini]

5eyes... I don't hear you crying about the closed door sessions that the republican controlled congress is holding over the lies etc that were put forth from our administration do I?

And yes this should be dealt with out of their view. Never arm the other side. Cases are won by the other side being kept off balance. Their right to discovery will give them what the court deems a fair amount of time to deal with what the defense is going to present. Handing it to them now gives them an unfair advantage and upsets that discovery time frame.

[Sly_RJ]

Originally posted by fiveyes

Are you suggesting that the man in the street (us) are to quietly stand by while our future is decided behind closed doors?

He isn't saying that at all.

Every time someone posts more information, more ideas, and more loopholes, it's giving ACACIA another tip off of what they need to prepare for. These posts are preparing the enemy.

[Paul Markham]

Originally posted by Sly_RJ

He isn't saying that at all.

Every time someone posts more information, more ideas, and more loopholes, it's giving ACACIA another tip off of what they need to prepare for. These posts are preparing the enemy.

You are assuming they do not know the law. Stop thinking this is a bunch of dumb ass hicks.

There is only one way to stop this and that is to step up to the plate. IMPA give something before Acacia take it.

[Gemini]

Charly, what you say is true in principle, but its also true that 2 men can't out think 10 men... You literally have hundreds of webmasters thinking and searching for information or precedents...

So there may be some things that even the brightest attorney or group of them miss. Actually there ARE things that they miss. Information is the power in court. And manpower is how attorneys deal with it. Do THEY have hundreds of people researching? Doubtful. Theirs may be more knowledgeable in how or where to search but it only takes one straw to break the camels back.

[quiet]

Originally posted by Gemini
Charly, what you say is true in principle, but its also true that 2 men can't out think 10 men... You literally have hundreds of webmasters thinking and searching for information or precedents...

So there may be some things that even the brightest attorney or group of them miss. Actually there ARE things that they miss. Information is the power in court. And manpower is how attorneys deal with it. Do THEY have hundreds of people researching? Doubtful. Theirs may be more knowledgeable in how or where to search but it only takes one straw to break the camels back.

[Brown Bear]

As if people are going to stop posting info about prior art.

[Hooper]

I'm just waiting for another "i patented breathing" joke or comment.

They get funnier the 150th time you hear them.

[Sly_RJ]

Originally posted by charly
You are assuming they do not know the law. Stop thinking this is a bunch of dumb ass hicks.

There is only one way to stop this and that is to step up to the plate. IMPA give something before Acacia take it.

Knowing the law has nothing to do with knowing every possible strategy available. Uhh... hello.

Generals are excellent in military strategy. But somebody always comes along with some plan that they never thought of and knocks them off their feet?

Ever play chess? Strategy at its finest. Even the best chess players lose. Anticipating every move of the other party, while they anticipate your move. The winner finds a way to beat the anticipation.

Giving IMPAI money isn't going to magically fix things. They need ideas, strategies, information, etc. Money isn't going to win, but the mind will.

[fiveyes]

Originally posted by Gemini
Charly, what you say is true in principle, but its also true that 2 men can't out think 10 men... You literally have hundreds of webmasters thinking and searching for information or precedents...

So there may be some things that even the brightest attorney or group of them miss. Actually there ARE things that they miss. Information is the power in court. And manpower is how attorneys deal with it. Do THEY have hundreds of people researching? Doubtful. Theirs may be more knowledgeable in how or where to search but it only takes one straw to break the camels back.

This was exactly the basis for my earlier excitement today when I posted about BountyQuest. Look at their (albeit short) history of success, 20% track record for breaking patents.

How did they do it? By enlisting hundreds of people participating in a contest. You know how we all love contests! So this site educated people as to what was needed, told them where to look for it and set them loose.

Now, how easy would it be for us to do the same? I mean put togrether a prize package of donated content, hosting, design work and such. Good causes usually attract good deals with good names to back them up.

Then publicize a cliff notes version of these claims of this patent so everyone knows exactly what needs to be countered. Explain exactly the type of material that's usable and where it might be gathering dust (as outlined in the Way Back Machine link in my other posting) and set the hordes loose.

And, it does not matter if they know that we are doing it! When information is found, it would go directly to IMPA and be evaluated there by the experts. Prior art is it's own argument! All that they have going for themselves at this point is that the issuing agent of the patent most likely didn't search outside of the Patent Office's database. Arguments along the lines of the patent being overly broad or obvious can be very chancy. Provable prior art is a royal flush in spades.

And, in the meantime, postings like seventy's thread starter here should be encouraged. It shows at least some originality of thought and enough concern on his part to come forward with it. All this talk of locking and deleting threads is kind of frightening. It almost sounds as if you want to muzzle the man in the street when it's open discussions such as this that at least give a shred of hope to those that have no idea how this might affect them.

[fiveyes]

Originally posted by Gemini
5eyes... I don't hear you crying about the closed door sessions that the republican controlled congress is holding over the lies etc that were put forth from our administration do I?

That's only because I regard discussing national politics on adult message boards to be slightly less effective than florida ballot chads.

[Gemini]

5 .. I have to say is this.

1) You have NO grasp on court proceedings
2) This is NOT a freaking game
3) If the little wannabes need a game to win some godforsaken prize then they are in the wrong business
4) You have a wayyyy too laid back approach to every one of your posts
5) You want everything in the open whereas you don't understand that anything that might be be brought to light could be and would be disputed in court as disputed discovery which could and does get thrown out of court.

Kenny Rogers said it best... Gambler.

Know when to hold them and know when to fold 'em.

You obviously haven't grasped the idea of discovery in court eh? There are brighter stars in the universe if you bothered to open your eyes to see them.

[Mutt]

Originally posted by Hooper
I'm just waiting for another "i patented breathing" joke or comment.

They get funnier the 150th time you hear them.

[fiveyes]

Originally posted by Gemini
5 .. I have to say is this.

1) You have NO grasp on court proceedings

If you're guessing that I'm not a lawyer, you are correct.

2) This is NOT a freaking game

My apologies if anything I've said implies that I'm playing around or lack seriousness in my convictions or whatever. I regard this as a threat to my livelihood and I do tend to respond to threats strongly. But if you could point out a specific instance where you feel I was treating this as a game, I'll consider it very seriously and make an honest effort to attempt to change the actions that may have given that mistaken impression.

3) If the little wannabes need a game to win some godforsaken prize then they are in the wrong business

Perhaps you're right and following a proven motivational model would be a bad idea. Especially if the numerous people that do seem to be trying to respond to this threat without guidance of any sort to date are, in fact, "little wannabes".

4) You have a wayyyy too laid back approach to every one of your posts

Well, I'm pretty much a laid back person. I certainly hope my manner of speaking doesn't interfere too terribly with what I say.

5) You want everything in the open whereas you don't understand that anything that might be be brought to light could be and would be disputed in court as disputed discovery which could and does get thrown out of court.

That's a variation of 1) and if you're still guessing that I'm not a lawyer, you're correct. Are you?

Kenny Rogers said it best... Gambler.

Know when to hold them and know when to fold 'em.

You obviously haven't grasped the idea of discovery in court eh? There are brighter stars in the universe if you bothered to open your eyes to see them.

"There`s a sycamore tree all spintered and brown.
Well, it used to touch the sky `til the twister came around.
It`s got this one green branch pointing in the air.
Yeah it`s still hanging on, just like the people around here."

[funkmaster]

Originally posted by AWC
Should there not be a private forum for "known and trusted" webmasters to discuss this somewhere?

... there already is.

[quiet]

Originally posted by Hooper
I'm just waiting for another "i patented breathing" joke or comment.

They get funnier the 150th time you hear them.

[Mr.Fiction]

While reading a bunch of old Acacia posts, I decided to bump this one.

Now that Acacia appears to be trying to interfere in the business relationships of those refusing to license their patent, doesn't it seem that they are opening them up to lawsuits?

Rather than just trying to enforce their patent, they seem to be trying to interfere in the business relationships between the affiliates and the companies that they are suing.

From what people have said here, they may be trying to intimidate affiliates into not sending traffic to companies who are in lawsuits with Acacia.

Has anyone filed a lawsuit against Acacia yet like the one mentioned in the original article in this thread?

If not, why not?

[SetTheWorldonFire]

this is a good link