Acacia hearing date set - GoFuckYourself.com

Paul Markham · 11-11-2003, 02:22 AM

Not sure if this has been posted but looks good for us.

From AVNOnline http://www.avnonline.com/issues/2003...111003_7.shtml

SANTA ANA, Calif. - A full day hearing has been set for November 21 before the federal judge newly assigned to the case of Acacia Media Technologies and several adult Internet companies challenging Acacia's streaming media patent claims.

And, according to an unsigned message obtained by AVN Online, U.S. District Judge James Ware in a November 7 conference in the case "took a dim view" of claims unrelated to the patent issues at hand, suggesting "any action on these claims and the claims Acacia brought against (the companies) for unfair competition, interference with economic advantage, and trade libel would likely be stayed if the parties did not agree to remove them from the case."

Acacia senior vice president Robert Berman said the message was inaccurate and a bid to interfere with the company's effort to pursue licensing deals for its patent claims.

Ware reportedly vacated the briefing schedule on an Acacia motion to dismiss counterclaims against them for unfair competition and abuse of process, according to the same message, which also said the judge favors an early so-called Markman hearing ? deciding "as a matter of law what the claims of Acacia's patents cover and what they do not.

"The hearing will be held in April 2004," the message continued, "and will be of critical importance to all who have received 'the package' from Acacia."

If this is true, said a source close to the controversy who asked not to be identified, it "is very encouraging?A judge would be a little bit surprised or taken aback by how fast they were moving and how aggressive?By getting a patent-savvy judge, I think most people would understand that the law and/or the U.S. Patent Office wasn't designed or meant for a tool to manipulate or try to get people to capitulate. It's going to be based on the fact and not the fluff. And that is what this is all about."

The court, the message said, "will finally determine whether Acacia's outrageously overbroad statements about what its patents cover have any merit, or whether Acacia's patents cover very specific systems and methods that are probably not used by those in our industry." The court also suggested, the message said elsewhere, that it may "stay all discovery that does not relate to claim construction.

"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.

"(Ware) also nixed Acacia?s threatened motions for preliminary injunction," the message continued. ?While Acacia has been threatening these motions for months as part of its effort to scare companies into paying up, it has not filed and has admitted that it does not have enough information to make such a motion. Reasoning that he would need to fully understand the case and the applicable defenses before he could even consider such extraordinary relief, (Ware) indicated that he would not even permit such a motion until after the conclusion of claim construction."

Ware also reportedly asked Acacia attorneys if "all the parties it planned to sue were before the court," the message said. "The attorneys responded that they were not and that they had placed additional companies on notice. When Acacia told (Ware) that they had sent out thousands of cease and desist letters, (Ware) seemed very surprised."

The November 21 hearing will occur twelve days before Acacia's previously declared deadline for offering waivers on claimed past due royalties or fees by companies who have not yet signed licensing agreements for the streaming media patents.

Acacia has entered into licensing deals with several adult Internet players and a few mainstream companies like Radioio in the past several months. The Newport Beach, California company has also reportedly begun sending notice to adult Internet players who don't stream content directly but who either link to or otherwise deal with such content providers: Webmasters, affiliate programs, adult verification services, and such.

"I don't expect their tactics to cease," said the source close to the controversy, "unless the judge says to them they can no longer file lawsuits, because their whole method (has been) to say license or sue."

Berman said the November 7 hearing was a conference call just to introduce Ware to the attorneys in the case. "The 'anonymous' description that took place is filled with inaccuracies," he said, when queried by AVN Online, "and is clearly an attempt by somebody to fictionalize the call for the purpose of attempting to further interfere with our licensing activities by spreading misinformation about the case."

Berman said nothing substantive was done or decided other than scheduling the November 21 hearing. "I can see why the author was anonymous, as opposed to standing by his or her remarks," he said. "We are receiving many e-mails and calls from Webmasters that want licenses and expect to receive more signed agreements by our November 30 deadline."

johnbosh · 11-11-2003, 02:25 AM

wow, so end april 2004 everything is clear?

Paul Markham · 11-11-2003, 02:27 AM

What has to be made clear to the judge is the way they are sending out the "Cease and Desist" letters. Blindly, to guys without video or audio or links to sites with it, to nicknames or wrong names, to false addresses, to people in countries where their patent is not legal and even people without websites.

That should impress Ware a lot.

LiveDose · 11-11-2003, 02:29 AM

I love reading anything quoted from berman's mouth. The guy is so clueless and desparate...

Again to those leading the fight THANK YOU.

Nice post , Charly...

Tipsy · 11-11-2003, 02:30 AM

Seems spin is about the only thing Berman does well and even then anyone half-intelligent can see straight through it.

Mr.Fiction · 11-11-2003, 02:30 AM

Bad news for Acacia.

Maybe that's why Acacia stock was down another 9% today?

LiveDose · 11-11-2003, 02:32 AM

berman doesn't spin anything well. he should educate himself about his endeavors before pretending he is educated on these matters and anything to do with the net...

Theo · 11-11-2003, 02:34 AM

Thanks for posting this charly. A morning smile here

Serge_Oprano · 11-11-2003, 02:38 AM

Judge Ware...wasn't he the one who stripped Cohen from sex.com?

VERY interesting...at least this is the Judge who dealt with the industry before and not somebody with no idea about how Internet works

Paul Markham · 11-11-2003, 02:41 AM

It would be nice if Berman was to tell us all the companies that are thinking about signing up. So we know he is not full of SHITE!!

Tipsy · 11-11-2003, 02:45 AM

Quote:

Originally posted by LiveDose
berman doesn't spin anything well. he should educate himself about his endeavors before pretending he is educated on these matters and anything to do with the net...

Unfortunately to those dumb enough not to see through it he does. It wasn't long ago that he was on one of the Internet radio shows and caused panic amongst the more gullible because 'he sounded like a confident guy who new what he was talking about'. Even the share price backs that up to a large extent. It may be dropping but it would never have climbed in the first place had people not believed at least some of the hype.

SleazyDream · 11-11-2003, 02:54 AM

and down acacia's stock goes again!

darnit · 11-11-2003, 03:10 AM

Quote:

Originally posted by SleazyDream
and down acacia's stock goes again!

I think people are gonna make a killing shorting that stock*....

* legal disclaimer - this is NOT meant to be stock advice (my laywer made me say it).

11-11-2003, 02:22 AM	#1
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	Acacia hearing date set Not sure if this has been posted but looks good for us. From AVNOnline http://www.avnonline.com/issues/2003...111003_7.shtml SANTA ANA, Calif. - A full day hearing has been set for November 21 before the federal judge newly assigned to the case of Acacia Media Technologies and several adult Internet companies challenging Acacia's streaming media patent claims. And, according to an unsigned message obtained by AVN Online, U.S. District Judge James Ware in a November 7 conference in the case "took a dim view" of claims unrelated to the patent issues at hand, suggesting "any action on these claims and the claims Acacia brought against (the companies) for unfair competition, interference with economic advantage, and trade libel would likely be stayed if the parties did not agree to remove them from the case." Acacia senior vice president Robert Berman said the message was inaccurate and a bid to interfere with the company's effort to pursue licensing deals for its patent claims. Ware reportedly vacated the briefing schedule on an Acacia motion to dismiss counterclaims against them for unfair competition and abuse of process, according to the same message, which also said the judge favors an early so-called Markman hearing ? deciding "as a matter of law what the claims of Acacia's patents cover and what they do not. "The hearing will be held in April 2004," the message continued, "and will be of critical importance to all who have received 'the package' from Acacia." If this is true, said a source close to the controversy who asked not to be identified, it "is very encouraging?A judge would be a little bit surprised or taken aback by how fast they were moving and how aggressive?By getting a patent-savvy judge, I think most people would understand that the law and/or the U.S. Patent Office wasn't designed or meant for a tool to manipulate or try to get people to capitulate. It's going to be based on the fact and not the fluff. And that is what this is all about." The court, the message said, "will finally determine whether Acacia's outrageously overbroad statements about what its patents cover have any merit, or whether Acacia's patents cover very specific systems and methods that are probably not used by those in our industry." The court also suggested, the message said elsewhere, that it may "stay all discovery that does not relate to claim construction. "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. "(Ware) also nixed Acacia?s threatened motions for preliminary injunction," the message continued. ?While Acacia has been threatening these motions for months as part of its effort to scare companies into paying up, it has not filed and has admitted that it does not have enough information to make such a motion. Reasoning that he would need to fully understand the case and the applicable defenses before he could even consider such extraordinary relief, (Ware) indicated that he would not even permit such a motion until after the conclusion of claim construction." Ware also reportedly asked Acacia attorneys if "all the parties it planned to sue were before the court," the message said. "The attorneys responded that they were not and that they had placed additional companies on notice. When Acacia told (Ware) that they had sent out thousands of cease and desist letters, (Ware) seemed very surprised." The November 21 hearing will occur twelve days before Acacia's previously declared deadline for offering waivers on claimed past due royalties or fees by companies who have not yet signed licensing agreements for the streaming media patents. Acacia has entered into licensing deals with several adult Internet players and a few mainstream companies like Radioio in the past several months. The Newport Beach, California company has also reportedly begun sending notice to adult Internet players who don't stream content directly but who either link to or otherwise deal with such content providers: Webmasters, affiliate programs, adult verification services, and such. "I don't expect their tactics to cease," said the source close to the controversy, "unless the judge says to them they can no longer file lawsuits, because their whole method (has been) to say license or sue." Berman said the November 7 hearing was a conference call just to introduce Ware to the attorneys in the case. "The 'anonymous' description that took place is filled with inaccuracies," he said, when queried by AVN Online, "and is clearly an attempt by somebody to fictionalize the call for the purpose of attempting to further interfere with our licensing activities by spreading misinformation about the case." Berman said nothing substantive was done or decided other than scheduling the November 21 hearing. "I can see why the author was anonymous, as opposed to standing by his or her remarks," he said. "We are receiving many e-mails and calls from Webmasters that want licenses and expect to receive more signed agreements by our November 30 deadline." __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70

11-11-2003, 02:27 AM	#3
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	What has to be made clear to the judge is the way they are sending out the "Cease and Desist" letters. Blindly, to guys without video or audio or links to sites with it, to nicknames or wrong names, to false addresses, to people in countries where their patent is not legal and even people without websites. That should impress Ware a lot. __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70

11-11-2003, 02:29 AM	#4
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	I love reading anything quoted from berman's mouth. The guy is so clueless and desparate... Again to those leading the fight THANK YOU. Nice post , Charly... __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

11-11-2003, 02:30 AM	#5
Tipsy Confirmed User Join Date: Jul 2001 Location: See sig Posts: 6,989	Seems spin is about the only thing Berman does well and even then anyone half-intelligent can see straight through it. __________________ Ignorance is never bliss.

11-11-2003, 02:32 AM	#7
LiveDose Show Yer Tits! Industry Role: Join Date: Feb 2002 Location: Somewhere Out there... Posts: 25,792	berman doesn't spin anything well. he should educate himself about his endeavors before pretending he is educated on these matters and anything to do with the net... __________________ Scammer Alert: acer19 acer [email protected] [email protected] Money stolen using PayPal

11-11-2003, 02:25 AM	#2
johnbosh Confirmed User Join Date: Aug 2002 Location: The Netherlands, Rotterdam Posts: 8,965	wow, so end april 2004 everything is clear?

11-11-2003, 02:30 AM	#6
Mr.Fiction Confirmed User Join Date: Feb 2002 Location: Free Speech Land Posts: 9,484	Bad news for Acacia. Maybe that's why Acacia stock was down another 9% today?

11-11-2003, 02:34 AM	#8
Theo HAL 9000 Industry Role: Join Date: May 2001 Posts: 34,515	Thanks for posting this charly. A morning smile here

11-11-2003, 02:38 AM	#9
Serge_Oprano So Fucking Banned Join Date: Feb 2002 Posts: 9,820	Judge Ware...wasn't he the one who stripped Cohen from sex.com? VERY interesting...at least this is the Judge who dealt with the industry before and not somebody with no idea about how Internet works

11-11-2003, 02:41 AM	#10
Paul Markham Too old to care Industry Role: Join Date: Jun 2001 Location: On the sofa, watching TV or doing my jigsaws. Posts: 52,943	It would be nice if Berman was to tell us all the companies that are thinking about signing up. So we know he is not full of SHITE!! __________________ Blowout deal. 880 videos, 2,400 image sets, plus many RAW videos. $500. PM me for a deal. Skype Paulmarkham70

11-11-2003, 02:54 AM	#12
SleazyDream I'm here for SPORT Industry Role: Join Date: Jul 2001 Location: Phone # (401) 285-0696 Posts: 41,470	and down acacia's stock goes again! __________________ This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog! Now read without the word dog.