by Brandon Shalton


7-Feb-2004 9:00am

(this article was edited later on in the day)

8-Feb-2004 12:31am

Article updated at bottom


Original article titled: Acacia Showdown at the Patent Corral


At 10am PST this morning, the Acacia Saga will begin with the start of the Markman Hearing.

How odd that Acacia has not released a PR about how they are looking forward to their first days in court, but yet releases several vague and empty PR previously.

As news from the court room floor come in, they will be reported on this page as a running commentary of the Acacia Saga.

Catch up on previous articles by clicking the Articles link at the Navbar above.


9-Feb | 10:00am CST

All articles covered by media being tracked on the homepage.


6-Feb | 7:36pm CST

No news from the courtroom. Have a great weekend.


6-Feb | 6:45pm CST

For those cinema-challenged like me, I didn't connect to the reference of "dip our beak".

The phrase was used Godfather II. Here is the screenplay. Here is the quote:


Otherwise the police will come tosee you and your wife and children will be dishonored and destitute.

Of course, if my information as to your gains is incorrect, I'll dip
my beak
just a little.

Just a little, but no less than one hundred dollars, and don't try to
deceive me, eh paisan?


7-Feb | 9:00am CST

Articles covering the events in the courtroom

AVN article

Xbiz article



6-Feb | 4:41pm CST

No updates from the courtroom yet.

InternetNews.com covering the Markman Hearing (article)


6-Feb | 10:14am CST

National Public Radio (NPR) covers this Acacia and patent abuse story this morning report.

A quote from Robert Berman (Senior Vice President Business Development and General Counsel for Acacia Research) from the NPR interview:

"We do believe that these patents are broad and are being widely infringed, and our strategy is, to frankly, dip our beak and just take a little bit of money from a lot of people and we would be perfectly satisfied."

Dip our beak?








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So long, and thanks for all the fish.

After 7 months of trying to bring attention to patent abuse cases like Acacia, in searching for prior art to help invalidate Acacia's DMT patent, and chatting with so many webmasters about this issue, FightThePatent.com and I are calling it quits for my full time involvement. The website will continue along with posting of relevant information pertaining to patent abuse cases in the area of audio/video.

I started this fight 7 months ago by stopping my consulting and focusing a full time intensive effort to contact companies and individuals via phone, fax, and email.

Along the way, I started the proposal of Fight The Patent Foundation and was seeking pledges of financial support from webmasters to go towards a pledge goal. Once that monetary goal had been reached, it would prove there was community support to unite and fight, along with the financial resources to fund the fight.

I was faced with a lot of negativity on the Pledge Drive, and understandably so, since there were and are scammers who try to take people's money. I endured the criticisms and always stood tall, following my convictions, honor, and integrity.

I have talked with a couple of big mainstream companies about Fight the Patent Foundation, and they didn't feel a need to support such an organization. They felt they could handle patent cases on their own. I understand their position, who am I but someone who writes satirical articles, but who I am is someone who believes in the grassroots approach to fighting patent abuse.

While many webmasters pledged financial support (the pledge total was up to $37,000) and truly supported my efforts and ideas, it just wasn't enough. Combined with the fact that some mainstream companies didn't see the need either, the idea folded.

Through all of this, I have seen that despite everyone's concern about how Acacia's patent claims affects them directly, that people aren't joining the fight. Joining the fight doesn't mean posting "go team" messages, it means joining the IMPA and contributing financially to support the defendants who are paying out of their own pockets to fight for everyone. It means companies who aren't directly affected yet, should get involved

I do feel that my job is done here. In the course of 7 months, I know that almost all webmasters know about Acacia, as opposed to 7 months ago, so little had. I know that mainstream media is now aware of Acacia and are starting to cover the story (finally).

I feel satisfied that I have done all that I could do to fight against Patent Abuse, and now, it's out of my hands. I am not involved in litigation, I am not an organization that can fight the fight. I am just an individual who had the conviction to stand up and speak against what is wrong by generating awareness and writing satirical articles.

I believe that the defendants will prevail and they will be victorious in their defense against the broad claims of Acacia's DMT patent. They have the prior art and the attention of everyone on this issue.

My activism will not go away. I am increasing my time with ASACP.org as their CTO to provide the technology from my new venture at http://www.CydataServices.com

CyData will be using technology to help track and identify child pornography websites. ASACP will use this technology to support its charter of stopping CP websites with its current relations with the FBI and various government and international agencies.

Cydata will also be involved in copyright issues by helping webmasters be 2257 compliant with their images, helping Content Producers identify where people are stealing their images and videos, and the newest controversy, helping to protect Sponsors/companies from indirect-infringement of copyrighted materials when their affiliates use unlicensed images from Content Producers on their websites.

If you don't know what I am talking about in the last sentence, you will shortly, and you will hear from me as someone who is helping to fight that wrong situation.

For those that have made it to the end of this article, I thank you for your time. I know there are a lot of supporters and fans of my efforts. I believe I have done my job in helping to get the Acacia issue on everyone's radar screen. It's time for me to focus in other areas to generate awareness, and to offer technological solutions to fighting problems, and most importantly, to make a positive difference.

For every ending, there is a new beginning and I hope you will follow me on my efforts of fighting against CP and fighting against copyright infringement that will affect you more than you realize.



Article update 8-Feb | 12:02pm


I have been reading on various message boards the suggestion that I was bought out by Acacia, working for them, or got some kind of C&D notice from them.

The easiest answer is "Lies, Lies, and more Lies".

Activism requires time. Time is purchased with money. If a cause does not have money, they run out of time.

My active efforts were self-funded. I didn't ask money from people and I didn't take any when it was offered (and it was). After pushing hard for 5 months in a full time intensive effort then sliding back the last 2 months, it was time for me to change my priorities.

I initiated a proposal that if 1,000 - 2,000 webmasters would contribute $100 each as a one-time donation, that Fight the Patent Foundation could be formed as a non-profit organization that could work on fighting patent abuse with a grassroots approach.

Prior art and expert witness testimony are key factors in defending against a patent infringement case. Similar to BountyQuest.com (now defunct), prizes would be awarded to those that contributed prior art. The concept of "Pay it Forward" would motivate people to come forward to give expert testimony in exchange for Fight the Patent Foundation making a charitable contribution to a charity of their choice.

Activists go through three stages in my observations, starting at being Optimstic that they can change the world, to Realistic, that change comes slowly, to Jaded that people don't care about the cause because of inactions.

Sad to admit, but I have gone through the steps to the end as I have found that everyone is concerned about patent abuse, but so few will do anything about it.

I started the pledge drive for Fight the Patent Foundation back in September, and at that time it would have been a reactive response to patent abuse cases like Acacia.

Now that the prior art has been found and the court case has started, it would be a proactive measure to start FTPF. But in my jaded experience, people aren't very good about being proactive.

When the next patent abuse issue comes around, you'll be sure to hear me ringing the bells. I hope that at that time, companies will have seen the lesson of Acacia, that you have to be reactive and proactive with information, research, and unity.


Article update 9-Feb | 9:18am

I haven't thrown away my guns on patent abuse issues, i just ran out of bullets.

I am hoping with my new venture that I will be able to buy my own bullets next time, nice silver ones, and come back shooting.

Also, given more time and attention to cases like Acacia, and if any other patent licensing foe should come second, maybe webmasters will realize that the knocking sound isn't their neighbors getting their freak on, it's the money-grabbing-patent-wielding-trick-o-treater knocking on your door looking to take money from you.

It does take money to fight.. and i have been very reluctant to state that so blatantly, but it is the sad fact. I believe a grassroots approach is needed to unearth the prior art and get people involved.

The time will come, i was just too early.. and like all pioneers heading west into new territories, you get the arrows shot at you first.

FightThePatent.com will still be up.. i will still be tracking the news.. i just can't devote the daily hours that I put in to get people aware and motivated to fight anymore... need to regroup, get some cash flow going, and then I'll fund the fight myself... and hopefully be joined by more people next time around.



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