Full Hearing with new Acacia Judge Set
 

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...ntent_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/i...?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!

So when is this hearing going to happen?

First sentance of the link above:

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.

I couldn't be bothered reading it

Keep it up man Keep it up:glugglug

November 21 is quite soon.

This sounds like good news and I hope the case doesn't run on for years.

Very interesting thanks for the post

I assume you do not have a website.

get em charly, sick em':glugglug

Quote from Berman... "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."

If this is true it is truly pathetic how so many guys hand over their hard earned money so easily. I for one would like a definitive list of who is fighting Acacia and not giving in. I think the best way to support these guys is to send thier programs traffic.

This is over all good news. It seems the judge is anti a long and expensive case. Maybe he knows what the tactics are here.

However one of the things I would love to have known is what there researchers found when they were looking for prior art. I'm sure the judge will consider this as well, might get slung out a little faster than some thought.

Then all those that signed up will have to live with the fact that they sold out for a few thousand dollars. The lost reputation will have cost them more.

Have you ever thought Berman might be lying? If he is telling the truth let him give us names. He is always saying 30 webmasters are about to sign up.

He has talked this fight up from day one, now he's in a court. Has he ever won a patent case in court? Not that |I know of.

Will he get a penny after the court case is finished? Or will all the licenses be collectors itmes?

Can they afford to be in court? They are up against porn companies takeing in thousands of dollars a day. He saw us as a cash cow he could milk, not a bull with horns and the money to destroy him.

He thought we would be terrified of the costs of going to court and would settle one by one, he did not expect guys with balls and the cash to back them to step up to fight him. Look at the companies he faces, then think what they take on a daily basis, then look at his quarterly returns. Now who is the worried one.

If every webamsters was to give $20 a month towards the fight he would piss himself.

I really believe that statement by berman is propoganda, no more no less. Tactics.:2 cents:

While this is all certainly great news, we still need to keep the following in mind:


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!

Yep Yep :glugglug I wonder what the morning meetings are like in that office? Cant be good

It's more than likely just PR.. but think about it, with all the letters they sent out, must have been 100s.. ofcourse they will get a few people that bite. That was the entire goal of the mass mailing to find a uninformed webmasters and scare them.

You notice he said "webmasters" not companys.. so this even if it's true would be a very small amount of oney for them, assumeing it's smaller webmasters and not giant programs.

Interesting

who is Acacia:helpme

If they are smart they wouldn't summon California based companies.

Some of them just might show up. :2 cents:

Fight the logic!

very intertesting article, seems like the judge is in the loop now.
Berman is obviuosly spewing lies from all angles now I bet he can he feel the heat....

thx for the link FTP

:thumbsup

I am sure what he is saying has some elements of truth.... it's a business decision to sign the license...and many webmasters could have many reasons to do so..... from questionable books, to not being incorporated, to not having the money to fight in court, etc, etc.

For many that do licensing, it's not because they just love Acacia and want to support their business... they have to bite their tongue and deal with it.

I have talked to so many webmasters who have said that because of their specific situations, they have no choices but to sign.

I have never looked down on them, and I have told them as a businessman myself, i respect that they do what they need to do to keep operating.

It is of course unfortunate...that for every license that is signed, is one less webmaster to stand united.


Fight the Division!

IF you think that you are inclined to signup with acacia I suggest waiting till after 11-21-03.

things do not bode well for acacia.

I think we are will be dealing with a judge that sees through the acacia bullshit. The very fact that this is being put on the fast track indicates the judge understands the acacia spin is jive.

and it's no coincidence that investors now are nervous---acacia stock value is falling.

a basic problem is acacia's clumsy modus operandi---when the judge realizes that acacia is sending out notices to entities that don't even have websites it becomes pretty obvious what their game plan is.

and, in increasing desperation acacia has sent "infringement" notices to technical colleges like Devry.

some of those tech geeks will eat the acacia ambulance chasers for lunch.

watch it happen...

Brandon I don't want to c/p you and steal your fire - could you post this over on Oprano as well?

GO IMPA!!!!!!!!!!!!!!!!!!

I do have a thread running on Oprano.. it was down at the bottom... i added a post to it, so it's back at the top.



Fight the CP!

:Graucho

Hey Brandon,

Do you know what court they are holding the trial at? Is it Newport Beach where they are based?

Hehe - I'm trying ;)
Thanks for bumping the thread over there!

U.S. District Court
Central District of California (Southern Div)



Fight the Nothing-clever-to-write-in-this-sig-line!

Hopefully the 21st we'll be able to focus on SOMEthing. One way or the other. But courts don't always do what we think they will so there may be nothing good or bad come of that hearing.

I knew I should have filed a patent for clever signings to posts.
I'd charge 1 cent per infringement...so that anyone posting their 2 cents will be short.

ha!

:1orglaugh



Fight the Infringement!

other threads indicate acacia is now spamming people with extorsion threats.

if they are doing this to people who don't have streaming video and to people in california this is ILLEGIAL, (unsolicited commerical email is against the law in california) and I'm willing to bet they are as it's probally the matrix list they are using.......

I suggest finding proof of this and then if proof is found (which i think is out there) making it very public to the judge that acacia engages in illegial activity.

not to mention that it's many thousands PER OCCURANCE in fines... lets take a BIG dent out of acacia's wallet..........

:thumbsup

We got the package and final notice but no e-mail. But we never purchased from Matrix so i guess we wont be getting an e-mail right ?

Cindy xx

Spamming yes..... extortion threats no.... i got a copy of the PDF this morning..and its the same language used on the 'Final Notice'.

If it were threatening, a webmaster could arm themselves with an attorney and ask for a Declaratory Judgement hearing due to the threatening nature..but this letter was crafted from experience, like with their v-chip patent, to not be threatenting.


Fight the Extortion!

You probably got the "information packet" from one of their paralegals looking for the first wave of websites to contact.

You might have gotten your 'final notice' from the matrix database.

The email may likely come from a webmaster email list that might have been given to Acacia by a company that settled and admired their business model.


Fight the Solicitation!

:BangBang:

For those that are link-click challenged, the abstract:

"A gel is bottled in a plastic container and the top fitted with a pump for delivery of a small quantity of the gel onto dry toilet paper. The gel can thus be hygienically applied to the peri-anal area using the thus moistened toilet paper, and the area wiped dry with a second piece of toilet paper. The method leaves a clean comfortable derriere without skin abrasive rubbing. The applicator, being nothing but ordinary toilet paper, is flushable without question."


This patent was applied in 1997 and granted in Feb 2003.....

The patent is for putting some unspecified cleaning material onto a toilet paper to wipe your butt clean.


:Kissmy



Fight the Bad Anal Hygiene!

If there were a definitive list I would try to send traffic to as many on it as possible that don't abuse the webmaster (your popups won't display on our traffic if we don't send it to you, ref all!) and who didn't obviously jump on the bandwagon to grab signups.

How retarded and an unnecesary use of Aloe Vera gel... thank goodness I patented the process of spitting on the toilet paper before wiping your ass:1orglaugh

Your spit-shine patent would clearly be different than the gel-shine patent...so you are free to market your patent...unless of court Fight the Poop . com can find prior art to show that people were using their own saliva to clean their private parts.

:Graucho


Fight the Fluids!

found this on another board and thought it was funny,

Originally posted by )BigAssRat
on Eolas, Micorsoft, and the patent process

I found a new way to masturbate the other day. Since it is still using my digits, I consider it digital, so I am going to use the DMCA to make sure that I can get a subpeona and go into your homes and sue you if you to are performing this method. Be ready to pony up everyone!! (no the method does not involve ponies):1orglaugh

Using other substances to get the shit on the toilet paper is merely attempting to circumvent my patents. My lawyer says the only loophole is direct wiping by fingers, which were around before me:)

This gets a bump.


November 21st is tomorrow.

I'm curious if anything interesting will happen.

Any word on what happened?

Any bets on an Acacia prompted continuation??

I'd be surprised if it doesn't happen..

I believe they call it quits today at 4pm pst.

Any news?