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Company tries to lay claim to streaming patents

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Network World Fusion 01/02/03

Acacia Research Corp. is attempting to make money the old fashioned way - lawsuits. The company claims its patent on Digital Media Transmission covers just about all streaming media and now its trying to enforce the patent to collect royalties. Acacia is first going after Internet porn sites, known for their cutting edge (and profitable) use of new Web technologies. While some may argue that waiting until a technology becomes really big before enforcing a patent is bad business, big online streaming players such as Radio Free Virgin are ponying up the dough to keep Acacia at bay.

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Comments

Read the posting about the Acacia Research patent. I'd like to provide some relevant information that I hope will help the businesses involved in this patent licensing shakedown. I've produced a 17-page bibliography (in MS Word format) that contains the abstracts for many pre-1992 technical publications regarding internet audio and video, live or VOD. These document references may provide all of the legal evidence needed to invalidate the Acacia video related patents. (Plz email me if you'd like a copy of the bibilography.

If you are not familiar with patent law, in order to meet the novelty requirement for a U.S. patent, an invention must not have been known or used by others in this country before the applicant invented it. The invention also must not have been patented or described in a printed publication in the U.S. or a foreign country before the applicant invented it. These documents are called "prior art" and show that a patented invention is either not new or is obvious and is therefore not eligible for patent protection. Those publications invalidate any and all U.S. patents that were filed one year after the document was published and that claims as an invention ANY of the subject matter that was disclosed in those documents.

So how do I know about the internet digital media technology and related patents? I was employed as a principal scientist by one the pioneers of internet content delivery, InterVU. I was the geek responsible for the design, development and deployment of the first commercial content delivery network. I'm also a co-author of one of the InterVU patents related to content delivery over the internet. ( Hey, those InterVU patents and the technology proved to extremely valuable. InterVU, the content delivery network and the patent portfolio were purchased in 2000 by a company called Akamai for $2.8 BILLION dollars! Yeah, wow, unreal...)

So being a net nerd for almost three decades now, I figure I'm fully qualified as a technical expert on this topic. Some of the relevant documents I discovered were published as far back as the 1970's. In my professional opinion, there is very little, if any, technical validity for the Acacia patent infringement claims.

I sincerely hope the document abstracts can help you with legal battle against Acacia Research. Please let me know if I can be of any other assistance to you and the other unfortunate folks caught up in this litigation nightmare.

best regards,

buck

Posted by: buckminster on January 24, 2003 06:08 AM

Please email me the prior art research you have compiled. Thanks

Posted by: Douglas on October 7, 2003 05:28 PM

Acacia has recently stepped up its activities and are now taking on MUCH larger companies, and demanding higher fees.

Posted by: Mark Luker on October 8, 2003 04:31 PM

I'd appreciate getting a copy of that bibliography.

Posted by: Joe on October 24, 2003 01:46 PM

I would like the bibliography please.


Thanks,


Michael

Posted by: Michael on October 29, 2003 04:26 PM

Please send me a copy of the bibliography also. Thank you!

Posted by: Judith Silver on November 11, 2003 11:50 AM

I was contacted by acacia, even though I'm jsut an affiliate, and do this thing as a little hobby. I replied to them asking how much they want, and how little I make (under $400 a year, it really is a tiny hobby), and their pricing will let me determine whether I quit or continue, paying them their new fees for the old patent. If it's anything over pennies, I will quit and do what little I can to help those fighting them in court. This is not just about money, its also about defending the truth.

their patent is amazing in its stupidly over-broadness, if it stands up in court with the current laws, its time to write our congresspersons to change the law to reflect fariness and justice.

Posted by: ARan on November 23, 2003 05:58 PM

I would appreciate a copy of that bibliography as well. Thanks.

Posted by: earthling on January 13, 2004 05:40 PM

Hello,

I am very interested and would like to know if you could provide me (by e-mail) a copy of your 17-page
bibliography that contains the abstracts for many pre-1992 technical publications regarding internet audio and video, live or VOD and that would be very valuable in trying to invalidad said patent.
It seems that the fight against the Acacia DMT patent will also be fought south of the border since Acacia and its licensee in Mexico are employing the same agressive tactics against Mexican cable operatiors, hotel operations as well as Webmasters and content providers.

Thanks.

Osvaldo Amaral, B.Sc., J.D.
OLIVARES & CIA.
Pedro Luis Ogazon #17
Col. San Angel
Mexico City
D.F. 01000
MEXICO
Thanks for your help.

Posted by: OSVALDO AMARAL on February 25, 2004 07:07 PM

hi, could you please send me the document, thanks a lot.

Posted by: Arturo on March 11, 2004 01:15 PM

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