what was the final resolution on Acacia issue?

[Far-L]

Originally Posted by JR

how so? its standard language that if the patent is invalidated etc, then the license agreement is no longer in force correct?

No, because there is a difference between "invalidation" and "non-infringement". We are likely going to be out on non-infringement - meaning we don't have to go the extra long mile to get an "invalidation" of the patent. Conversely, everyone who signed and agreed to the patent validated it as applied to their own business.

I know all those who settled thought that we would spend all the cash to invalidate it while they sat back thinking they made the smart biz move. They will still have to pay. And pay, and pay, and pay...

[JR]

Originally Posted by Far-L

No, because there is a difference between "invalidation" and "non-infringement". We are likely going to be out on non-infringement - meaning we don't have to go the extra long mile to get an "invalidation" of the patent. Conversely, everyone who signed and agreed to the patent validated it as applied to their own business.

I know all those who settled thought that we would spend all the cash to invalidate it while they sat back thinking they made the smart biz move. They will still have to pay. And pay, and pay, and pay...

oh... hahha.. so basically, you guys will have been found to be not infringing and the patent is still valid... so ron & co. have no recourse because they have already agreed that they were infringing?

[TheEnforcer]

Originally Posted by JR

oh... hahha.. so basically, you guys will have been found to be not infringing and the patent is still valid... so ron & co. have no recourse because they have already agreed that they were infringing?

That's what it sounds like to me too. I would expect a flurry of lawsuits from the people who settled stating that if Acaia lost out on the motions that allow people like Far-L and MikeW to tell them to bugger off that with them using the same technology they should eb able to as well. Not sure how successful that will be but I fully expect counter suits against Acaia should they be unable to get people liek far-l to pay.

[Far-L]

Originally Posted by TheEnforcer

That's what it sounds like to me too. I would expect a flurry of lawsuits from the people who settled stating that if Acaia lost out on the motions that allow people like Far-L and MikeW to tell them to bugger off that with them using the same technology they should eb able to as well. Not sure how successful that will be but I fully expect counter suits against Acaia should they be unable to get people liek far-l to pay.

The problem with that is then they will have to spend to fight the same case and it will be harder for them since they will have to overcome the fact that they agreed to the terms...

In other words - they will have to prove that they do their streaming exactly like anyone that is non-infringing does. While you may say "well everyone uses windows media" - the truth is everyone developed different techniques/technologies to serve wm. I can tell you we are not about to share any of our Prior Art with anyone that settled without a VERY STEEP price tag attached to it.

[TheEnforcer]

Originally Posted by Far-L

The problem with that is then they will have to spend to fight the same case and it will be harder for them since they will have to overcome the fact that they agreed to the terms...

In other words - they will have to prove that they do their streaming exactly like anyone that is non-infringing does. While you may say "well everyone uses windows media" - the truth is everyone developed different techniques/technologies to serve wm. I can tell you we are not about to share any of our Prior Art with anyone that settled without a VERY STEEP price tag attached to it.

You will certainly be in the proverbial "catbird's seat" if all plays out as planned for you.

[Far-L]

Originally Posted by TheEnforcer

You will certainly be in the proverbial "catbird's seat" if all plays out as planned for you.

Thank you! I just hope everyone takes their business to the companies that fought this from day one.

Here are a few of them:

Homegrown Video
Video Secrets
AEBN
ARS
Lightspeed
Gamelink

[Robin]

I really hope this works out for you but Acacia's pockets are deep and their shares are on the rise - nevetheless, morally you guys deserve to win.

[gonzo]

Originally Posted by Far-L

Thank you! I just hope everyone takes their business to the companies that fought this from day one.

Here are a few of them:

Homegrown Video
Video Secrets
AEBN
ARS
Lightspeed
Gamelink

Thanks for the update and posting that reminder list.

[Far-L]

Originally Posted by JR

oh... hahha.. so basically, you guys will have been found to be not infringing and the patent is still valid... so ron & co. have no recourse because they have already agreed that they were infringing?

Yep, that is it in a nutshell.

[TheEnforcer]

Originally Posted by Far-L

Yep, that is it in a nutshell.

I would assume some of those people will try and sue Acacia though and try to force their hand after the final judgements in your cases assuming they don't go their way.