Feb 6th is
a day that will live in infamy....
It's my birthday.
It's also the
first day of court for 11 defendants against Acacia in a Markman
For those that
tuned into the Acacia Research 3Q
conference call... here is a a very close
transcription of a question and answer:
by a shareholder:
terms of actual patent litigation or dealing with any of the potential
licensees of the existing DMT patents, anything new creep up in
terms of court challenges or anything of the like or nothing special
Paul Ryan answer:
.... as Chip indicated the vast majority of the defendants and the
only litigation that we have brought to date, have actually all
settled with us.... and a significant number of the remaining ones
there have also settled but no,.... there is nothing we have seen
from a legal perspective to cause us any concern "
an interesting side note, we have learned from Bill Clinton, you
can answer a question truthfully, though not telling the exact truth
when he said ''I did not have sexual relations with that woman <pause,
gaze averted> Ms. Lewinsky'. There is an interesting
article that talks about how the use of words by Clinton can
make what he says to appear to be a truthful answer.
current 11 defendants had been waiting for their day in court since
the 3Q call, and it has now arrived.
December 18th, 2003, Acacia added 8 new lawsuits. Most notable name
to appear is Club Jenna Inc. which is owned by noted-adult industry
star Jenna Jameson.
Inc. = Click Cash
Ventures = Adult Check
AVS = ProAdult
Inc. = adult.com
A-1 Advert =
singles.com, sextoys.com , girls.com , guys.com , ladies.com, slaves.com
, celebrities.com, cash.com
A great article
talking about a Markman Hearing.
of this event 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
A quote from
an AVN article about the Markman Hearing:
"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. Prior Art will be presented due to the judge
asking for it, to give him a better understanding of the scope
and the relevancy of the claims.
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 modified the prior
art page and the searching for prior art page to protect the
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.
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
The Adult Industry
is not alone in Acacia's targeting. Mainstream IS AWARE and are
getting their defenses in place. OnCommand
(a Video-on-Demand company, recently acquired by Liberty Media,
was also recently named in a lawsuit)
I won't be getting
an invalidation verdict for my birthday, but atleast I will know
when the candles are lit on my cake, that the fuse to this bomb
will also have been ignited.