Judge Ware presiding over Acacia trial

[Winetalk.com]

is the same judge who
1) handled sex.com case
2) whose rullings have the LOWEST numbers of overturned verdicts?

I am taking heart that the judge is familiar with the industry.

[media]

Seems like pretty good news! I wonder how acacia feels that the origional judge is not involved anymore and that it was felt that a better knowledged judge should be brought in?

Media

[Carrie]

I feel much better that he's familiar with the industry. I hope he's familiar with patent law as well. *crosses fingers*

[LadyMischief]

Originally posted by Carrie@Nov 16 2003, 06:19 PM
I feel much better that he's familiar with the industry. I hope he's familiar with patent law as well. *crosses fingers*

Even if he isn't, I'd definitely take it as a positive sign that someone is trying ot b e fair. I hope Acacia gets squashed.

[Carrie]

Do you think the fact that he's male might bode a little better over the "adult entertainment" issue?
Acacia really made a point of slamming the fact that the defendants are pornographers over and over again with the last judge - it's a pretty sure bet when you're trying to influence a female that the defendants are flawed characters.
I wonder if they'll try the same tactic with this judge, and if it will work?

[Winetalk.com]

Originally posted by Carrie@Nov 16 2003, 09:25 PM
Do you think the fact that he's male might bode a little better over the "adult entertainment" issue?
Acacia really made a point of slamming the fact that the defendants are pornographers over and over again with the last judge - it's a pretty sure bet when you're trying to influence a female that the defendants are flawed characters.
I wonder if they'll try the same tactic with this judge, and if it will work?

no...he doesn't like porn industry that much

[Carrie]

But how's his ability to be impartial even when it fights his own likes/dislikes?

[PornoDoggy]

Originally posted by media@Nov 16 2003, 09:15 PM
Seems like pretty good news! I wonder how acacia feels that the origional judge is not involved anymore and that it was felt that a better knowledged judge should be brought in?

Media

Just out of curiousity, what makes you say that "it was felt that a [more knowledgeable] judge should be brought in?"

There are lots of reasons that judges get shifted off of cases in Federal Court, particularly in the early stages; the judge's knowledge of an industry isn't one that I'm familiar with, nor is it a "prerequisite" by any stretch of the imagination.

[Dravyk]

The way I'd read things (articles, posts, etc.) was Acacia did not want a judge that was more versed in patent law, while the defendents did. It is also my understanding that this judge was brought in because he indeed does know patent law (where as the other judge did not.) So the changing of judges had nothing to do with familiarity with the adult industry, but familiarity with the specific area of law.

[PornoDoggy]

Ahhhh ... that makes more sense.

[Carrie]

Originally posted by Dravyk@Nov 16 2003, 10:11 PM
The way I'd read things (articles, posts, etc.) was Acacia did not want a judge that was more versed in patent law, while the defendents did. It is also my understanding that this judge was brought in because he indeed does know patent law (where as the other judge did not.) So the changing of judges had nothing to do with familiarity with the adult industry, but familiarity with the specific area of law.

Sounds like a good, fair move.

At the very least, it's a step forward in something that had gotten bogged down. This judge also seems to want to move things along more quickly and get it resolved.
I'm hoping for the best on the 21st.

[PornoDoggy]

How long has this case been in the system to be put on the docket?

[Carrie]

IIRC, it's been in the system for a year now that it's November? I think. Don't take my word for it though..
Far-L you around?

[PornoDoggy]

That's not a terribly long time for a civil case in Federal Court.

[media]

Originally posted by Dravyk@Nov 16 2003, 07:11 PM
The way I'd read things (articles, posts, etc.) was Acacia did not want a judge that was more versed in patent law, while the defendents did. It is also my understanding that this judge was brought in because he indeed does know patent law (where as the other judge did not.) So the changing of judges had nothing to do with familiarity with the adult industry, but familiarity with the specific area of law.

Yep, thats exactly what I meant by my above statement/question..

Media

[Dravyk]

Media, that's what I thought.

The first hearing isn't scheduled until April. All this is pre-hearing motions. If it goes to trial it could be late 2004 or 2005. So anyone looking for a quick resolution ... well, it could happen ... but ...

[Paul Markham]

I would not worry too much about Acacia making a lot about us being pornographers. They want a piece of the action and they are also going after colleges, so theit credibility is at a low point.

But you are right this is not going to be settled in a heart beat it will take years. We have to be prepared to fund the fight, we don't Acacia win, we put up a little money from all odf us and we will crush them.

[Winetalk.com]

Originally posted by Carrie@Nov 16 2003, 09:49 PM
But how's his ability to be impartial even when it fights his own likes/dislikes?

obviously...the lowest overturned rating in 9th district is a prove of that

[FATPad]

Last time I talked to Far-L he said he was very happy with the new judge. He said the new judge knows patent law and does a good amount of patent cases, and is also comfortable with technology. I was worried they would get a judge who was scared of technology and wouldn't understand anything that was being described or argued.