System and Method for:
Patent Theft, Fraud on the US Patent Office, Postal Fraud, Business and Commerce Fraud
Brian G. Utley
Constitution of the United States of America
The Congress shall have Power: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Three technologies discovered in the pursuit of helping children save the planet that were created using out-of-the-box thinking and have led to significant advancements in virtual immersive imaging and video content creation. They were heralded as holy grail finds by leading experts in the industry, worth billions, and this is the story of those who became blinded and those that became heroes and the truth of who really invented what.
Title of invention
System and Method for Patent Stealing, Fraud on the US Patent Office, Postal Fraud, Business and Commerce Fraud
Cross Reference Applications
None like it, although it will not be the first time that inventors have been frauded by bad promoters and attorneys. It will be a new twist that the patent attorneys have frauded the USPTO, the Postal Services, the IRS, the Department of Commerce and several others.
Field of invention
The present invention relates to how patents that are estimated to be worth billions are stolen for 5 million. More specifically, how to steal from inventors, investors, the IRS, and the United States Patent and Trademark Office (USPTO) www.uspto.gov . Three inventions with an estimated value in the billions annually, per invention, initially determined by leading engineers from Intel, Lockheed, SGI and many others. These items were called "holy grail" inventions and it now appears to have blinded a few. I still believe that these patents are gifts from G-d that come in dreams that oft speak to inventors.These inventions were created in the pursuit of helping children fix the world we are breaking. Following is a method for trying to steal a gift from g-d to help children, and if you are capable of that, anything is possible. Following are the steps used in the preferred embodiment although some will have to remain trade secrets a bit longer until a further investigation into these claims arises.
It is known in the field of patent fraud that the proprietors, so called promoters or patent attorneys, try to take advantage of innocent inventors and the choice of promoter versus attorney is one of crapshoot versus supposed guaranteed success, if you overcome the prior art. It is supposed to be tantamount to trust your patent attorneys and the attorney client privileges should be upheld here to the highest ethical standards, especially when you have picked the best lawyers and paid in triplicate and its regarding something our forefathers took special note for. Further, these were not just our attorneys but in some instances shareholders and advisors to the company.
Once a bad promoter or attorney is identified, it is well known that they will attempt to change title out of the inventors name, try to steal patent ideas by filing with others or themselves or just bury the idea and use it. It is also well known that your lawyer Kenneth Rubenstein and Christopher Wheeler would recommend a patent attorney out of NY (Raymond Joao) who we think is part of Proskauer originally. Then we are told Joao is transferring with Rubenstein to Proskauer and then that Rubenstein might not even be with Proskauer. Anyhoots, we would have to put up some big retainer and start flying this guy out from NY and all this was doing was giving Christopher and Raymond time to file around I View It perhaps. Had the inventions been able to be designed around I am sure they would have taken that approach (Zeosync) and when that failed to procure a result, the only option left was to steal.
Why did Proskauer not do the filings? Why do they make us use this expensive guy way away from us who needs upfront cash, etc, we think originally he works under Ken at Proskauer. We are a start-up with very little cash and we are already giving Proskauer a great stock deal to boot, Wheeler lies, I think, and said he does not have a department to handle patent filings at the time. You will see how they keep making us pay up front for Rays services trying to delay the filings while Wheeler is billing/gauging us with frivolous legal expenses like corporate restructures of restructures of restructures and trademarks on things like my mothers maiden name.
All of these initial delays in the filings are caused by Wheeler/Joao delays and while these delays are occurring patents from others, like Joao are being filed.
Kenneth Rubenstein and Raymond Joao commit major fraud on US Patent office when they knowingly file patents with missing inventors telling us foreigners could not be listed. They also lose patent file 5865-2 of Joaos file folders and Joao claims to have destroyed all I View It notes when he is requested by Foley and Larder to procure these items, and further claims to have done this to protect I View It? The frauds include; leaving out inventors knowingly, not filing patents timely on the Companys behalf, then losing priority dates for such inventions and finally filing patents with missing parts. These missing parts later show up in patents filed personally by Raymond Joao. Other missing parts later show up filed personally at Brian Nutleys home address with himself as sole inventor. This appears felonious, furthermore false information was promulgated to the Board and finally they submitted such frauded documents to the USPTO through the US Mail.
Chris Wheeler and Ken Rubenstein when questioned regarding the missing patents Joao lost, they guaranteed that the 3 patents Ray came to Florida to document and took information on, on his first trip, were filed or merged into one. Turns out that by the time he files our second set of patents it is 3 months later and when you look at what he filed it is criminal in that it completely fails to describe the inventions (as determined by now 3 other law firms and finally some are abandoned), this is a direct attempt to sabotage our pool. Chris Wheeler has been scheduling meetings with players like R3D, Hollywood.com, Visual Data, Huizenga (Web Cast) lying to everyone that the video patent is already filed. Then on the 3 hour drive to R3D, we tried to locate Joao as he was supposed to be scheduled to be available for questions, as this was I View Its biggest meeting 20 engineers spawning Intel, Silicon Graphics and Lockheed we were sweating, if they had seen it we would pack up and go home. Ray Joao has disappeared and is unavailable for the meeting and Chris guarantees us all for three hours on the way up that we are ok as we enter R3D, mind you we try calling Ray several hundred times. At the meeting we present, review and disclose the full imaging process provisional patent 5865-1, sure enough at the meeting our biggest fears come true, when they ask us to disclose the video concept and we wont without checking with Joao for confirmation of filing, Joaos still MIA. I refuse to disclose and we decide not to proceed and set a time to reconvene. Chris later at his office cannot find 5865-2. After the meeting, Joao becomes available only to tell us that in fact he had never filed a video patent at all. Eliot one of the inventors, throws a huge rage that it appears to be criminal, what happened, where is 5865-2 are they all merged into one? What is going on, calls ensue for Rubenstein to opine. Huge panacea follows. I would check phone records of everyone that day if I had my dithers. On the other hand, I would look at what happened at R3D with a microscope from that point, sequester all people for testimony and start to follow the technology to the chip and into the camera and into space telescopes and simulators and VR and Cable, TV, etc and all the other ideas we discussed that magical day.
Chris and Jerry Lewin have already begun displaying technology to people under the false impression that we were covered and we freaked. Rubenstein is called to opine, he calms everyone down by saying that the date of invention determines the date of our patents, not the date of filing and everything was therefore ok. Sounds good to us, but we are still confused on 5865-2 and where it went, Chris is holding investigation, some of Proskauers employees are confused as to the whereabouts. Turns out this is assessed as potentially very damaging to the Company and its shareholders, as we lose our video and combo patent filing dates by 70+ days.
It is also well known in the prior art of fraud that such proprietors of fraud may have to commit document fraud and file such fraudulent documents with interstate transport through the US Postal systems. Another fraud well known in the art and part of Brian Utleys past, is to fraud again the USPTO and I View It shareholders, when our own attorneys file patents with Brian Utley as the sole inventor and no assignment to I View It and sent to his home place of residence without signing as an employee of I View It. Now take a moment to digest that, most of us most closely involved need a vomit bag
Again our attorneys, Foley and Lardner, filed these patent for Mr. Utley personally and billed us, although they were holding off sending the bills to be nice as claimed later by Douglas Boehm, (have you ever heard of such a thing a lawyer ((and I have to have a lawyer joke here)) that does not bill when the receptionist puts you on hold), if it looks like a lawyer. .
More interesting news is that Utley has a past with similar claims against him, which his best friend Mr. Wheeler forgot to disclose when he gave his client I View It Utleys falsified engineering resume (see attached Exhibit) (by the way Utley did not graduate college). After doing a background check with Mr. Utleys prior employer Diamond Turf Lawnmower, we find that Mr. Utley similarly filed patents in his own name, causing the owner to fire Brian and take a large loss closing his operations. Its too bad that since Wheeler did the background check personally on Mr. Utley, whom he sits on the Board of FAU with him (watch for infringement here), as well with his ex-employer.
Other frauds would include filing erroneous patents that lose the initial filing dates and extracting the core components of our inventions, which later end up at Utleys house. Further they cover up the constant fraud on I View It and the government by showing inventors one set of patents that they work on and make changes on and then submitting a completely worthless set to the USPTO with US mail services (I think this qualifies for fraud on the USPTO and Postal Fraud by both a law firm and Mr. Utley) as they swear under oath, not sure to which but sure that it was the US Gov and World Organizations. Sending falsified documents such as Brian as sole inventor Exhibit 1, should set new heights of corporate and legal malpractice for all involved. .
When Eliot one of the true inventors becomes aware of several of these accounts and confronts Mr. Ugley during a lunch meeting in California and informs him that he will be the CEO as he has been claiming and must in fact retire, Mr. Utley threatens to tear this company down brick by brick with Chris Wheeler and Michael Reale and leave iviewit bankrupt and that I better watch my step when returning to FL (which I never have again even though my mother has been recovering from lung cancer) and I have since feared for my life, rarely allowing the wife and kids to leave as well. Eliot notifies many friends of the threats and allegations and Eliot moves into a hotel and several weeks later with no home, flies wife (who packs house by herself scarred for us) and grabs kids to hotel in CA for safety. She really hates me as I will not even come home for our sons planned 30 people B-Day party and make her cancel and travel instead. I did not even get to say goodbye to my sick mom, my father, nieces, nephews, friends or employees, this is scarred shitless and with the release of such document I now fear the most for I think they sat rest assured that they had crushed my life to pieces, and yes dear reader, I am obliterated, annihilated, tattered, shattered and battered. My wife and children too and this is when we should be celebrating the birth of such wonderful concepts and the worlds acceptance of them.
People think we are a bit nuts when we tell them what is going on, but now that people see that this is really what is going on here, the constant harassment of my life, my family, my companies, they are concerned for us based on the evidence and the power of the people against lil ole us. They have my company already filed into bankruptcy (the guys stealing the patents, perhaps a briefcase of cash, and my attorney his best friend), they are caught at the apex of completing patent theft on a grand scale, they are the only ones filing all this stuff against us, they have fruaded and misrepresented to the United states Patent and Trademark office, I fear but my life is but a bullet away. I have children too and as I mentioned it appears that they are capable of quit a bit.
Another thing is that since Utley threatened that they would destroy me, they have succeeded, by filing a fraudulent involuntary bk against the company (Utley Reale RYJO and Hersh), I could not afford to fight, because at that moment our secured lender who was running the Company with our management, you guessed it a friend and introduction of Chris Wheeler, Crossbow Vultures (Hank Powell, Steve Warner, and Dr. (not sure where this degree comes from) René P. Eichenberger stop funding the Company after hearing that the technology is on hardware, like cameras and dvds and that 4-6 patents look good, and that digital downloads will use etc. Remember I am not sure if they Crossbow are acting independently or as a good-guy bad-guy tag team with Proskauer, but they tell me they are putting in place Aidan Foley (Ex-CEO Kodak Cinesite) and Lawrence Modragon of no particular fame, to meet with the AOLTW Venture Fund that we have been working with for @2years, and, just as we land the account and are designing a pre-paid royalty stream with the WB group, after Hank and Maurice meet with Sony & WB who tell them that I View Its technologies will be the backbone of 5 studios digital download project that Doug Chey of Sony is handling with his ex-employer WB friends; John Calkins, Chris Cookson, Greg Thagard, Chuck Dages & David Colter, et.al. and then pull the plug in deceit and have been trying to kill the company and its relationships ever since. We are signing deal with WB and moving into licensing negotiations with both Sony, WB, Viacom and MGM, all under NDAs, when Crossbow decides to pull the plug on the Company by stopping funds for two months of funding after they had told all management it was done, and then they OKd flying management out to meet with them in Boca on an all first class ticket for mssrs. Aidan Foley and Lawrence Mondragon. After Aidan met with Crossbow he called and said everything was great and he was on his way to NY to meet with some Crossbow friends and stay in a suite at the Palace. This all occurs being okd by Hank that the money was being transferred. Aidan, then all kicked back and comfy at the Palace calls to tell me that Crossbow pulled the plug (see exhibit below). They had just finished collateralizing the asset with secured debt which they told the board which they were a part of that they were to protect us against threatened actions from Utley and Wheeler, which later become realities. Crossbow while selling the secured loans to the board claim that they would never steal the IP and call my father, on tape mind you, a nut for thinking such. I quote Hank Powell at the Board days before he resigns, Si, its not a Machiavellian plot to steal your technologies. And the ink had barely dried before they pulled the plug and are now claiming that they own the patents, since they have sent notice of assignment with the patent office. I would say this shows clearly a Machiavellian plot to steal the IP.
This tactic, amongst a host of what appear to be a host of other secured lender violations, such as making (without Board approval) moves that may forever negatively impact our patent pool. Oh, I forgot they made these decisions with I View Its attorneys who they were working with on the patents and paid them, against the express concerns of management. They in fact paid our attorneys directly with no transacted documents for the loan of such amounts and against express demands from the company not to interface with our attorneys. Then they added these fees to our loans and had our attorney bill the Company. I guess you would say that they were arms length in our sphincter.
So now, the plot thickens as you have Chris Wheeler (our advisor, shareholder, lawyer and largest creditor both paid and unpaid, suing all of the I View It Companys, although his bill is mainly with our operating and servicing Company iviewit.com. He files a few days after his best friend Utley is fired and files his fraudulent BK on the Company. Chris (shareholder and all) who loves our technology, now has all of his clients using our processes freely and it hurts to tell my children this. Further Kens MPEG patent pool now uses our processes and finally the revenues have never come from the pre-paid royalties from the patent pool or at least not the companies way. Further Wheeler is telling everyone about all this money we will make from his clients if only we can let Utley start an encoding servicing business. Yes this is the same Chris that is the first guy suing all of our companys with his firm and their clients just keep ripping us off, many under NDA.
Ray Joao and Chris Wheeler, despite what they told the board and shareholders etc. did not file the 2 initial patents and nor were all the inventions filed in the first provisional round, preserving our filing dates, instead it appears that the date was never changed back on the video and combo as promised to the Board by Chris, Brian & Rubenstein. Further, it turns out that Ken Rubenstein may have been giving us bad advice when he told us it is all based on date of invention, no need to get upset, but this may only apply to the US it turns out, as in foreign domiciles it may be first to file, not first to invent. This could be horribly catastrophic and unless the video date can be changed back to when Ray took the info we may have a severe problem here and I View It and the US Government may be denied revenue resulting from this process. According to the patent office, it cannot. I say that would be a violation of my constitutional rights, section 8 re protecting inventors and must be challenged at a supreme level if necessary.
It is also well known in the prior art that such fraud promoters may have to turn friends and family against one another to keep any outsiders from peaking in. So some preliminary examples; fire Jill Iantoni (my sister) because Brian does not get along with her (she is looking for CEO candidate), fire James F. Armstrong for no true reason other than he corrected bad misrepresented math in the financials submitted to Wachovia bank where Brian presents a spread sheet with no cell formulas and math errors abound and Jim later corrects Utley (psuedo engineer) and further the Engineers at Foley & Lardner (must have flunked the math part of engineering classes) on their bad math in the patents. (Armstrong is Eliots best friend dating back 30 years and an original founder). Fires Mitch Welsch (best friend dating back 25 years) as Gruntal his Investment Banking firm that is our broker at the time has worked long and hard an at the time was having an analyst reviewing us to take us IPO, and further screw Mitch out of his founder stock that they played more games with legal bills for another of the countless that never get completed. Then when Wayne Huizenga sends a patent guy to visit Joao and Rubenstein in NY and comes back saying we had great technology but it did not appear in the patents he reviewed, they try to turn Eliot against his father calling my father an embarrassment and the reason Huizenga did not invest. Finally, they try and destroy Eliots long relationships with Armstrong Hirsch (Michele Mulrooney and James Jackoway) by lying about paying their bill, their firm does the most work and most introductions for I View It and get paid the least of all law firms. Fire Guy Iantoni, (brother-in-law), screw Jack Scanlan (Brian made a commission deal with him, without Compensation Committee review, I think, whereby he gave him 10% gross commission on all cases forever, another moronic deal that Jack tried with great effort to help I View It change to more normal amount and Brian consistently pisses off his attorney (Eric Weissman ex head of WB legal). Brian appears to hate Maurice Buchsbaum and screws him out of warrants and pay even though he is the guy bringing in the money. Brian further grants Raymond Hersh stock for employment without compensation committee approval Si goes ballistic at amount, grants Mike Reale his friend an employment contract overnight when guys like Jim, Guy, Jack, Kevin, Eliot, Jude and Zakirulirul all have been waiting over a year to get one.
Inventors broad array of friends may be where the scheme would never work, inventor starts to put all kind of people like other inventors into mix and demands that the inventors must be listed, he is repeatedly assured that such is done, I believe papers were even drafted by Mr. Joao after he had met with Jude and Zakirulirul. Our attorneys Rubenstein, Wheeler and Joao get angry at Eliots constant pressure to list inventors properly, constantly trying to separate Jude and Zakirulirul from inventions.
. Inventor becomes very suspicious of these crimes but is forced in circumstance to go along, with fear. Inventor is causing too much commotion so they start turning employees against inventor, telling employees not to listen or work on inventors clients and projects.
Brief summary of the invention
Surround company with your people who are doing nothing for enormous salaries, execute such strategy to bk company after you get patents switched out of inventors hands, mount company with unnecessary debt with other friends against all logical advice and much board disapproval. Lie and lose patent dates on video (2-3 months) versus imaging. Wheeler then tries to switch patents with his buddies to his best friend the engineer from IBM who created the AS400 and trained the elite German Engineers, perhaps they were in kindergarten at the time.
It is well known that in invention fraud one must keep the inventors out of the loop and what better way then with a guy who looks so honest running the company; Brian, the inventor of the AS400 and floppy drive, the best imaging and video patent "guru" (Chris term for Ken Rubenstein) overseeing the patent pool and finally your friends at R3D & WB validating and studying the technologies. Then tell all your clients about this technology and see many of them use it now; see cameras get digital zoom, see movie downloads begin, see DVD uses, see Internet light up with the video, Ken Rubenstein patent pools utilizing scaling and imaging technologies, probably see them patenting around I View It.
It is well known that ego freaks such as Utley in trying to keep scam hidden can not let CEO candidate ever get placed, single handedly ruins Sis relationship with Korn Ferry and keeps promising payment for searches and blows them off to the point that this guy at KF gets pissed and calls Si and I enraged with Utley lies. Also, Armstrong Hirsh is promised again and again to get paid and he lies to Michele which gets her in trouble with her committee and starts to infringe on our relationship, they are lying to me as well regarding having made payments, finally Alan Epstein and I call Brian and he bumbles through a lot of uhing to finally say he never sent the check he sent. Ah, the world of lying, most have us have learned by five that it gets to hard to maintain so we give up, other criminal minds feed off the egoistic sensation of feeling that they have gotten away, until one day as the tangled web of deceit comes crashing down upon them.
Miscellaneous crimes that help fraud promulgators rip off everyone follow.
1. See digital zoom invented by Brian.
2. See Brian fraud investors with cooked books and lies.
3. See suitcases full of cash disappear.
4. See Brian encode Celebrity Sluts with a teenager.
5. See Brian steal equipment and take it to Board member whose loan was made in trust with no documents and not ratified by board.
6. See diversion of funds and corporate strategy (trying to sell shares of I View It for Distance learning company (no board approval).
7. See Brian attempt to bribe employees to steal Ip for $'s in suitcase.
8. See Brian get caught with Grand Theft and we are not even talking about stealing form the US PATENT AND TRADEMARK OFFICE, when employees would not give him the process information he just stole the encoders with all their proprietary information.
9. See Foley and Lardner switching documents and file numbers and billing IVIEWIT for Utley unassigned patents. This may cost us on camera there is a risk per Coester from Brian's devilish actions.
10. See Ray Joao leave out the word zoom and pan or anything remotely close and no applet out of imaging patents for I View It
11. See Ken Rubenstein patent pools taking advantage of I View It technologies daily
12. See Proskauer clients and Wheeler associates using product
13. See Hollywood.com using it
14. See WB, MGM, Sony, Viacom, etc. using it under NDAs
15. See hardware and software adapt the processes
16. See I View It not get revenues it was anticipating from Wheeler clients and instead see many of them doing it with other encoding firms using our process
17. See Greg Thagard and Ken Rubenstein buddies from MIT Multimedia labs and DVD patent pool creators theorize about use for DVD and Downloadable Digital Movies. See it come out for DVDs and see Anschutz new project to download movies for theaters. Should check Ken and Gregs travel schedules but they are claimed to be traveling quite a bit together.
18. See them all shred their documents
Background of the invention
In the field of fraud it is well know by one skilled in the art (and will become apparent even to novices) that fraud involves deceit, the current state of affairs and prior art is Enron. But he we have a more devilish scam here, a scam to perhaps deny the US out if it's inherent royalties on 3 products that are currently in use in almost every form of imaging and video. Revenues and royalties for these beautiful inventions should be being paid to the companies and our country, instead we stand bankrupt and abused.
What is claimed
Take image and video technologies to Ken Rubenstein and have them analyzed to see if they are novel. Ken says they are novel, a huge buzz follows. Go to R3D and hear they are novel from 20 more engineers, Hassan Miah is also claiming novel and calls it the holy grail. Hassan is responsible for the CAA/Intel multimedia lab and is accredited with turning the Internet into a multimedia model from a text-based medium. Wheeler tells us Ken will oversee patent pool for I View It and we can get royalties prior to patent approval if he deems them essential to the patent pools.
2-23-99 process doc. Forwarded to Ken R.
4-28-99 Ken R. meeting re: potential Pres. and CEO (attachments scrambled) NOTE ALL CHRIS MESSAGES ARE MYSTERIOUSLY SCRAMBLED, FROM THE SELF PROCLAIMED TECHNO GEEK, actual insult to geeks)
4-28-99 Xing Technologies- Hassan Miah phone mtg.
5-22-99 Hassan meeting scheduled at Proskauer
5-24-99 Hassan meeting in Florida in Proskauer offices
5-26-99 Hassan states enormous potential would like to discuss with Kevin Healy
5-28-99 Schedule mtg. For Ken R. and Joao to discuss patents
5-30-99 Hassan states impressed with Ken R. can he call and ask patent questions
6-7-99 Hassan and Tech are coming to review patent
6-9-99 Xing mtg. Confirmed 6-12
6-18-99 letter from Hassan Miah re: evaluation
6-21-99 comments to Hassan letter
9-16-99 Hassan Miah and Xing form 8-k For real networks filed on 8-23-99
9-25-99 Hassan brings Eric Camriand from Cinax red flag to watch him
9-25-99 links to Cinax, Cinax products software/hardware now all scale
Wheeler hears that techs are "cool" (becomes Wheelers buzz word for technologies) and bleeding edge Chris discovers this when his friend comes to Boca from R3D in Orlando. Gerry Stanley comes to Boca, Chris tries to have me tell him everything in his offices and I won't without an NDA that Chris first says he thinks he has and then when asked to get it comes back with a blank for signature. Won't tell him the process after showing it to him without signature, me and Stanley basically getting in shouting match over it, although it ends friendly when he finally signs NDA. Then we show him, and Chris asks us to tell him the video processes and I won't because we are unsure of the patent pool status on video filings with Joao (rumor has it that they are lost), although Wheeler assures us that it is filed with 1st imaging patent or part of it. We schedule meeting in Orlando at his offices, Stanley is upset that he had to sign and then could not figure it out after seeing them, Si and Chris very joyous because as Chris says, if he hasnt seen it, nobody has as he is supposed to be leading imaging and video guru in the country. Where is Stanley's NDA, not sure if it is in file? Stanley is blown away but skeptical he has seen video scams before and he is blown away by imaging, amazed that a JPEG can have such zoom, makes me show him file extensions etc.
4-11-99 Chris Intro to real 3D
4-22-99 Gerry Stanely received Conf. Agrmt. From Wheeler
4-30-99 Gerry Stanley meeting with Wheeler
5-4-99 Gerry Stanley and Wheeler confirm 5-10-99 meeting
5-12-99 Tony Palmieri at Silicon Graphics cancels meeting
5-17-99 Meeting in Orlando- Stanley, Rosalie Bibona
5-17-99 Lockheed to be global 3D Graphics leader by Vaguo Muradian ref: by Jeff
5-18-99 Thank you letter to Stanley
5-25-99 Rosalie Bibona meeting
5-26-99 Passwords to Rosalie
5-26-99 Phone meeting with Real 3D re: video process
5-27-99 Real 3d mtg. Scheduled at Proskauer
5-31-99 confirmed mtg. For 6-2 or 6-3
6-3-99 Real 3D for Video Disclosure - Roslaie and Techs
6-5-99 Rosalie Deal Structure?
6-8-99 Eric Camirand wants mtg. W/ Stanley
6-21-99 Task request to Rosalie
6-22-99 Rosalie Meeting
6-25-99 Real 3D deal in Word perfect
6-26-99 Real 3D strategic relationship proposal and strategy meeting to schedule
6-27-99 Real 3D letter of intent in text format
6-29-99 meeting to discuss letter of intent Chris in Utah
7-6-99 discuss deal
7-8-99 Epstein to discuss term sheet
7-10-99 Meeting at Proskauer to discuss deal
7-12-99 Huizenga and Real 3D to discuss technology
7-12-99 Epstein with changes to Real 3d deal
7-13-99 Steve Cochran meeting at Proskauer
7-14-99 meeting to build cd roms for real 3D
7-15-99 meeting at Proskauer to discuss technology
7-29-99 EIB to offer a fair piece of company
8-13-99 Revision of agreement for meeting8-16-99
9-7-99 Tim Connolly conf. To Utley and confirm. Ryjo signed prior to briefing with Richard Getner
1-17-00 letter for Stanley re: technical applications of our image/video tech for upcoming patent filings
This comes earlier. Have Ray Joao who comes disguised as Ken Rubenstein assistant come to get info for image and video patents. Find out he is with other firm, Si asks Chris if liability insurance is big, Chris assures Si and everyone that we would have 2 firms to sue instead of one if anything happens, since Ken is the point man on the patent pool for I View It. Further tells us that Rubenstein is moving from Joao's firm and that Proskauer doesn't have resource to file for us at time, so Joao is fine and will be transferring. Did Proskauer have capability, if they did this raises questions.
3-9-99 meeting to discuss legal contract for patents
3-12-99 intro to Joao
4-14-99 Kevin Healy to discuss trademark and copyright issues
4-21-99 Meeting to showcase technology Chris to schedule time
5-11-99 Joao sends unauthorized copy of patent letter regular mail vs. mentioned UPS this is the date of the stamp on envelope
5-24-99 Mara and Kevin to discuss legal jargon for site
5-27-99 Joao scheduled mtg. Re: patent strength
6-1-99 confirm mtg. For 6-2 - Ken R. not available 6.2 or 6.3
6-2-99 Intellectual Property issues with Arthur Andersen
6-2-099 Ray itinerary 6.10-6.15
6-9-99 confirm Joao to Proskauer 6-10
6-10-99 Joao cancels mtg. And dinner with Hassan Miah
6-14-99 phone joao re Florida trip
7-1-99 Meeting to discuss Intellectual Property issues
1-6-00 letter to Joao re: new biz plan for videos need paragraphs on status and scope of our patent pool
Ray comes to get patent info, I start with imaging and Jude & Zakirul are on the way. Ray does not know Jude and Zakirul are on the way. Zakirul arrives and we are complete on both processes, show him all steps, all software and hardware, he takes diligent and thorough notes and when Zakirul arrives Ray wants to throw him out, tells me not to have him add anything, becomes very panicked and says foreigners may not be able to be inventors and we should not say anything until he opines with Wheeler. Asks all these questions about Zakirul and Jude and if they work for us etc, I explain that we are mainly working on a dinosaur story to warn children of the dangers of their often greedy parents using all their resources, a recurring dream I have had since walking out of a coma, a broken neck, shattered face, and complete internal organ meltdown after hitting a car carrier and have 3 Cadillacs fall upon my head, in which I had some very strange dreams to say the least. Raymond Joao takes all patent ideas and splits back to NY in faster than a NY minute. Tells me to leave no copies anywhere and give Chris everything to hold, I do likewise. I later call Chris to confirm and he says he is checking on it with Joao and that we may have to get Zakirul and Jude in country first, he has a guy to get them in, and not to worry they can fix the filings later.
6-8-99 meeting with immigration specialist
6-14-99 meeting with immigration
11-10-99 Brian to Ron Storettte re: hiring Zakirul
Now 2 patents should be filed but because of this, the video appears not only not filed but missing and now they think we will need to have Ray come back (very expensive) and do it again with Zakirul and Jude, this is because I go to USPTO site and read that basically if you were a murderer you need to be listed as an inventor on a patent to make them valid and I start to cause concern. Board is calmed by Wheeler that no dates will be lost we begin asking for Joaos filings and we are now missing 5865-2. Wheeler begins telling people I am nuts with Brian. We never find it again, Wheeler is checking into it, I am sure his report and investigatory notes will be in his "accurate files" thats off a great tape.
Go to Real 3D with a whole group (Eliot, Si, Lewin, Wheeler, Zakirul (they tell us not to bring him but I think we do) and Armstrong. On the way there Wheeler is questioned about patents and assures everyone that Joao has us covered, we try calling on the drive up 3 hours, but I have not had confirmation and I think 5865-2 is gone.
Arrive at R3D where they take all our cases etc, except our display in big suitcase with pillows and flat screen, very strange but cool. About 10-20 engineers are brought in the room from all walks, Lockheed, Intel and SGI. We are asked to present so we start with imaging and after they see, Stanley asks everyone to guess, no one is close. Stanley asks me to tell them how it is done and Si gets concerned that we don't have NDA's on everyone, Chris assures Si that they are under Stanley's and Si insists that we need one for everyone and we get copies and everyone signs and Chris takes a list of all names. (Chris had changed Joao's NDA suggestions that we tape everything and also confirm in writing all correspondence and materials and ideas discussed) he later says he did this because it could put us in a liability position if we failed to write such letter. After the meeting Wheeler says he will follow Joaos advice on this meeting and this is why he needs to keep all NDA's to send out such notices. We presume with meeting and I tell them blow up image to size of empire state building and frame it in small frame, viola. They claim "10,000 engineers in a room for 10,000 years would have never gone about it this way. This is huge moment.
We start video presentation and we show them. Then they tell us we must present on their system off our website, so we set up a "special line" and our computers are put outside, we go to site and they are blown away. Again, Stanley asks everyone, no one is even remotely close. He asks me to tell them, I ask my group to step outside for a sidebar. I ask Wheeler if we can tell them, he assures that NDA covers us, but I ask about not having patent filed, again I think we try to get Joao but he is MIA, and Si say's no way, after conferring with Lewin, Armstrong, Si, Eliot and Wheeler we decide to reschedule. We go back in the meeting and decide to adjourn until we can reschedule a discussion on how video works. Wheeler says we might not have patents filed yet and we all look a bit cross-eyed at him.
Gerry Stanley turns to Rosalie Bibona his right hand top engineer and asks what the market value of the products would be. She starts with the imaging and we discuss that it would apply to deals that they are doing with camera manufactures, chips, simulators, telescopes, microscopes, software and about everything that uses images and estimates several hundred million dollars a year. She say's that if after she reviews patents etc. and determines if video is real (although it had just played from my website in Boca to their site on their stuff, I suspect she knew and they might have done this test to copy our files etc. didn't think that until later) that the market would be billions that it would "revolutionize" video in low bandwidth environments and may have applications across the board on hardware and software. And if we could develop, perhaps together the combination of the two ideas zoomvideo it could be priceless, and we decide that Chris will draft immediately a JV and R&D deal. He also has us agree to let R3D to use the inventions at the upcoming SIGGRAPH convention and we agree to let them under Chriss assurances that he is one of his close friends and would never ever screw him or us, he is of the highest honor and then sells us his military background as evidence. He is also in charge of writing everyone to Joao's specs for an NDA, even though he convinces us at lunch that we would be more at risk having to write everyone if we fail. Joao later argues that you can make it either way.
Finish meeting we are jumping up and down, rich men. Chris says we must make sure video stuff is done ASAP and he will confirm with Joao, says we must get someone to do R&D, thinks he has someone, it hit him the other day that his best friend is an old IBM engineer responsible no less for things like the as400 etc and that he thinks he is not working currently and also sits on FAU board with him, enter Mr. Brian Nutley. Chris will check but he claims this would be perfect because he has many patents and he could work with Rubenstein and Joao and the 3D engineers on the testing phase of the concept. He tells us of his stellar community achievements and sits on the Board of FAU with him and his past employer a gentleman and scholar Mr. Monte Friedkin. I think you need to call Monte for the Full Monte on Utley.
7-22-99 Brian Utley Meeting
Dinner at Erika Lewin's for her B-Day. Our house is broken into while we are out and the patent files are missing, the computers have all been opened, the alarm is on, the patio door is broken open. We freak. We call Wheeler he tells us he will notify police he knows chief or something and he can get us PI but it will cost, and that we should give him everything from now on and he will keep it safe it in his offices, we deliver volume of stuff to his offices. Sliding glass door remains forever broken. Candice and I are scarred shitless.
We think it may be Lewin or R3D, we are unsure. Everybody becomes suspect, you almost want to call it inventor paranoia but this stuff is all real, maybe they thought no one would ever believe it. So Joao's patents start disappearing, he is supposed to send them to us overnight and then about 4 days late after multiple calls to find him, it arrives with missing patents and opened to our condominium. This is remarkable, we call Wheeler and he tells me to wrap it in plastic and bring it in for fingerprinting he expresses great concern, Joao claims his secretary Nicole had mistakenly sent it USP not UPS, funny when we called about it she never said anything. Call Ken Rubenstein, he opines, that it would be best if it was opened by an engineering school because he goes on to explain that patents are public documents and that we have marked our place in history upon invention and that now even if gets out we will be able to monetize all these avenues with our patents. Seems very weird, so Chris says that we have no worries, all is OK, and not to be "paranoid anymore". I joke with everyone that I will be anti-paranoid now that I understand this better and that we are OK, I can stop eating the patents and not to be "paranoid anymore". I joke with everyone that I will be anti-paranoid now that I understand this better and that we are OK, but I ask Wheeler were 5865-2 in package is and it is gone from package and replaced with another number.
Zakirul, Eliot and Jude (to come later) go to Proskauer to do conference to go over video information in a taped interview with Joao now he claims he needs to get the information from the other inventors after Eliots astute catch at the USPTO (maybe I will get an honorary legal degree with my honorary math degree for the inventions, no skip the legal). Shocked and allegations are arising that Joao is not filing when he says he is and that a long gap may have developed in the video filings. Chris & Brian to calm board. We tape this call and this tape is submitted to Gloria Burfield for very safekeeping at Proskauer, with others. When we show up at Chris Wheeler's Jerry Lewid is there unexpectedly and he follows us into conference room and when we call Ray we ask him to leave, he laughs and asks why and I tell him that he does not need to be in the meeting. He steps outside and Chris was not there either I think, but anyway we start talking to Ray and explaining and suddenly Jerry's coat begins to whisper, Jerry "we can't hear, we can't hear" and Zakirul and I look all around for the source of this weird noise and it is in Jerry's coat pocket.
We run out of office into the hall very afraid and get Gloria, we decide until Wheeler deals with this we can't go back in. So Wheeler or someone else perhaps, Rocky Thompson accosts us in the hall and asks us what's going on, after telling him he tells us to wait while he confers with Wheeler about what to do.
Rocky gets us a new conference room, not sure how safe, me and Zakirul freaking, tell Jude later and we are afraid of Lewin and his intents, Joao and his intents, but Wheeler is investigating it and assures us that any impropriety will be resolved to the fullest extent of the law.
Wayne Huizenga (of Blockbuster, Waste Management, Dolphins, Autonation fame and friend of Lewin and Wheeler) meetings are happening and Wayne Jr. is blown away they have another internet company called Webcasts they claim has nothing even close. To boot they have many clients and companies that could use it and they can get us into Blockbuster (who later tries a broadband movie down-load with Enron that Brian tells us he has ties into) and Wayne Jr. and I dream of the endless applications. Also main tech guy for Huizenga cannot figure it out for the life of him and when asked how it was done he gave the a far off guess and when we told him everyone laughed and Wheeler recounted the R3d meeting to him to make him feel better. Later Huizenga intros us to guys at webcast before we disclose to them under NDA's from Wheeler, they too have no idea. Huizenga at a meeting in Wheelers offices gives us a check with no documents they love the technologies so much (later Utley will secure funds without documents, although he fails to get Board approval for such transaction). Now Wheeler again tries to introduce us first to a group of Huizenga guys who don't want to sign NDA's but end up signing them Barney and ?. They turn out to not be from Huizengas companies as Chris has represented but from other mystery companies, Si very uncomfortable although Chris assured us they were under Huizengas NDA. OOPS, it appears they are not and Chris again has to get NDA's, I still dont disclose, I am very uncomfortable with these guys and so is Si.
Wheeler basically says no Huizenga money without Brian at helm, the Board again rejects, Brian to stay president, everyone wants CEO except Chris who wants Brian as CEO and basically threatens me (although prior he had only recommended him for an engineering study for R3D and Hassan) that if Brian is not elected Huizenga will pull out and that my father is wild hare that must be retired from the Company and that I should replace him, they later demote him to Chairman Emeritus, these kind of things really hurt Si who is emotional and kind and furthermore the most trustworthy person I know, I true believer in integrity . Then Wheeler tells the board against all other advice that we have to put the patents in IVIEWIT or else Huizenga will not invest. Everyone else had said to leave them in the inventor's names and license out to company. Chris claims he can maintain through his corporate "wizardry" and Arthur Anderson, Si, Epstein, Kane, Lewin are very concerned that patents could be at risk and Si repeatedly asks Chris for a letter outlining what would happen under his new structure if bk. Everybody is very confused and saying we will have to open all kinds of entities and the patents could be exposed to liabilities. Wheeler tells us he can handle it for nothing and since we are doing the stock deal with their firm and all, he will just need to open a separate company anyway for his stock and a few others, it would be completed without much cost. I feel as if another Cadillac fell out of the sky on my head. Wheeler discounts Joao's advice here as well and says Ken Rubenstein and Arthur Andersen guys agree that he is right and it can be accomplished and otherwise Huizenga says no go.
9-15-99 Don Kane added to advisory board
5-9-99 Phone meeting with Chris Brandon
5-21-99 Chris Brandon @ Huizenga scheduled 5-21-99
5-27-99 Jerry Lewin to coordinate meeting in Ft . Lauderdale
6-1-99 letters to Huizenga
6-21-99 Huizenga meeting
6-21-99 Utley meeting
7-1-99 Huizenga meeting
7-31-99 meeting set for 8-3-99
8-2-99 intro to webcast
8-5-99 Presentation meeting to webcast
8-20-99 Scott Klososky at webcast "hopes to work something out together"
8-30-99 Chris and Brian to Huizenga alone
9-19-99 forward Chris Brandon Bond and Breast cancer links
9-23-99 Stephen Filipek, Rubenstein, Joao and Utley for attorney for Huizenga on Patents
10-02-99 Simon to Brian not to talk to Chris Brandon until issues resolved the deal outlined is not acceptable
We are scheduled to have meetings with Joao and we are getting notified that Zakirul and Jude will be on patents as inventors with me. Ray tells us everything is being cleaned up and filed correctly.
Need to check on date but Joao is finally filing video patent. We are all confused as to date being so much later than other one. Wheeler consults with Ken and tells us that patents are based on date of invention so thank god we are safe again.
Time fly's we are being introduced to all Wheeler friends, Hollywood via AHJTW and now Chris and Brian tell everyone that we should start a servicing operation and validate the technology with some accounts since patents are filed, this will validate technology and perhaps make us the McDonalds of encoding and imaging 3d worlds with Chris world class introductions and Brians IBM connections (never met one, how very very strange). The Board has quashed this idea of a service company once at the beginning and why we set up the company as an LLC for licensing opportunities and small a R&D force. Chris is telling everyone that his clients who are looking at the technologies alone and Huizenga's company's and R3D company's etc. we should open this and be profitable almost instantly, he assures us that Utley will be meeting with Jim Armstrong all of his premiere contacts and his University, blahblah-blah-blah. Most board members are unsure of how we will finance this with Huizenga's money and Chris says they will probably fund more. We go to Huizenga but he wants the patent review and so he sends patent guy out to Joao and I think Rubenstein. He comes back claiming patents fail to capture invention, again all hell breaks loose and Ken is consulted and then they tell everyone everything is ok and we have another meeting scheduled with Huizenga and Chris and Brian ask me not to attend. I had been hanging out with Wayne Jr. and all their senior guys and now everyone does not want me to attend, he tells me between Brian, Jerry and himself, they have already scored the 1.5 Million and therefore no need that I attend, my inventing job done, they had already confirmed the deal with Cris Brandon. This meeting between our group was at Wheeler's office and Si, Jerry, Utley and I were there. I think Jerry might have gone to meeting not sure, but somehow Si goes and when they come back it is disastrous, they tell me Huizenga is not investing because of my father and that he has got to go, they call him an embarrassment and that he ruined the investment. I believe they are full of shit but I must try and find out what happened, Si is hurt and defensive of the accusations they say he must be out of the way according to Huizenga. Might this have been an attempt to cover up Cris Brandon's results of the patent pool review?
6-21-99 Ubid - proskauer presentation
6-22-99 Getty Museum conf. call
8-13-99 MGM interested IVIEWIT encodes James Bond Trailer
8-19-99 Showcase demos to MGM and Den after confid.
8-26-99 Acronym established ZAPI files 8-29-99 Wheeler to trademark
8-26-99 Meetings set with Disney, Chris Pula for 9-8-99
8-28-99 Doc Mcgee confidentiality
9-10-99 Epstein forwards deal with MGM for Bond
9-13-99 MGM needs letter, Disney sending Toy Story 2, Calpac virtual city, Versifiy wants license
9-14-99 Valerie Swift at Versify states great technology hopes to include iviewit in versify offering
9-15-99 thank you letter to David Neuman at Disney
11-11-99 Pixelon Launch Party
12-23-99 letter from consultant Danny Sokolof re: Pixelon
12-24-99 Epstein states meeting with Microsoft too soon
12-29-99 Microsoft meeting officially held off
1-16-00 intro to Picture 3D
1-19-00 intro to Play Inc. by Jeff F.
1-24-00 draft proposal for Nomad - Danny Sokolof
Visual Data meetings happen and we find out that one of Lewins clients HotelView, the first one he introduces us to is using our video on a medical site and we go screaming to Wheeler who watches the video and is also convinced it is our technology that we had disclosed to these guy's in his offices under his NDA and he say's he will start investigation and call Lewin, this is delicate but everyone who see's it feels it is necessary even though he is Si's neighbor. Lewin is asked his involvement he says he hardly knows them, it was someone he knew awhile back that he thought would be interested. Someone then sends evidence of his involvement with these guys up to the level that his firm had prepared audits for them up until they went public. Lewin is re-questioned and he has foggy memory but it clears up when we hand him document in Wheeler office stating he did their books and new them well. Wheeler again is launching investigation and going to have a letter drafted for Jerry and his employees, everybody is really concerned Wheeler again is launching investigation and going to have a letter drafted for Jerry and his employees, everybody is really concerned, Wheeler again clears the air to the board and Jerry assures the Board that no information will flow to Visual Data from them anymore and any use of our video was strictly on a testing new site basis. May be that Proskauer also had involvement with these guys and Chris may have failed to mention this to board and to get his employees to do same if true. Not sure but we should check his involvement with these guys.
6-3-99 Lewin becomes Board Member
6-19-99 Intro to Boca Research
6-21-99 intro to Visual Data
Not sure but I would look closely at other Lewin/Wheeler dealers like Hollywood.com where Jerry calls from his home to have us do a demo for Mitch Rubenstein and his wife who own hollywood.com. Jerry tells us it's ok he has nda, no sweat he will give it to Chris, later Chris confirms he has it, then when we feel they are infringing he can't find it, etc.... Sportsline.com, FAU medical, Florida Atlantic through Lewin again, all same story, tell them through Lewin/Wheeler NDA's etc. and next they are all using it without authorization as well. Wheeler keeps telling us that we will collect soon, etc. and he will investigate and talk to his friends. Utley lets his gliding club demo the technologies etc. Utley also tells us he is gliding buddy with Jim Clark and like best friends with head of Akamai that he is getting us into and head of AT&T he is working on all these in private but is close on all.
8-8-99 Business Plan to Hank Powell
8-13-99 Hank Powell , David Salim and Phillips Point meeting
9-29-99 Boca office opens all meetings prior conducted at Proskauer
9-29-99 iviewit board meeting game plan
12-30-99 Utley and Epstein to convert iviewit to corporation
1-4-00 private offering consultants love technology one thinks the co. is worth over 500M going to board to discuss possibilities
A Year has passed almost, and provisional filings expire and Ray Joao is suddenly in the limelight again, as Brian starts claiming he has somehow missed the invention in his filings. He says may be minor but he will replace Joao with Bill Dick the guy who handled the entire Asian patent pool for IBM, he will be able to get us big blue, etc. He is at Foley, we are sick of Joao but with filing date coming soon, we fly him again out to Boca , I think third time we need to confer with his records. He comes out but he gets wind of Foley and he is very weird about the patent and he keeps going into lab and we have people in lab and working on patents outside of conference room and at Wheelers. We get suspicious and Zakirul and I get a copy for a final review and go downstairs, we note many changes and go to Ray with them, he again disappears and tells us all changes have been made, we ask for a copy of everything he has worked on he gets kin of defensive but says he has to go to Wheelers to print doc. Comes back and me and Zakirul go outside to review, all changes have been made, we seal the document in the fed'x and go upstairs. Ray in a snide comment tells me that "documents can be switched (he had just found out from Brian that he was being canned) and I am like what, did you just say that, he says he was only kidding but with all that has gone on, I decide not to let him fly back to NY to file but that we must hijack the patents and get them to the US Post office ourselves. Erika, Jen and I hijack patents from Ray, cut check from the register and go running for the post office. Erika keeps receipts and notes check in book, (get bill to get the actual check and register entries. By the by, it is interesting that we all start questioning why Brian who had been handling the patents with Ray and Ken was unaware of these flaws earlier. Brain said he was very concerned that Ray might be up to something but says Foley will start investigation, tells everyone, board, not to panic that we must wait for Bills Dick evaluation. Well the evaluation is that Joao's work is bad, might have missed the zoom and pan and scaling of video, they are not sure, Ray is sending them incomplete files, possibly missing documents, etc.
Well now we have great cause for concern, Buchsbaum is freaking out says Crossbow must know, Brian is trying to tell him to hold off until the investigation is over. They come back to tell us that we should and might and may be able to fix all Ray's work, and should not miss any priority dates, they are concerned that it might be to far but they feel comfortable that we do not need to launch full scale congressional investigation that they think they can resurrect everything and make sure all the dates cover us back to priority. They are not happy with the filing date of the video being incorrect and are not sure that Rubenstein's earlier advice about it claiming back to invention date is correct. Part of their due-diligence will be to check it out.
Foley comes out and meets with Zakirul, Jude Brian and I and several others and we go through whole thing with them and they claim when they finally understand what it is we do that we have invented new math, (similar statement to Bibona of R3D and Huizengas guy Robert J. Henninger who tells my father I may get an honorary math degree some day and this statement might have been one of my fathers proudest moments). Further that this math applies to every form of video and imaging etc. They are hiring Chris Taylor to study if 320 is better than 640 and 160, call it the "sweet spot". We go through whole process, show them process in lab etc.
Brian hands me a bunch of patents to sign and says we only have a few hours to file them. I tell him I can't sign blank forms for things I have not read. He gets very angry and says we don't even have time to photocopy and have me read. We call Foley they say it is due tomorrow, and Jim Armstrong, Jennifer Kluge and I, start copying late in the afternoon. Brian is furious, he has a murderous look to his face and tells me just to sign the blank signature forms and give our review later. Jim Armstrong and I get the patents and head over to a restaurant were we work until closing and then after at my house, correcting all the mistakes we find. It appears that these patents are missing almost everything we told Foely about and have all this new math and it's all wrong. We are perplexed and tell Si, who tells us to call a taped meeting with everyone including Wheeler. We do so. The meeting and all that was said is on most the tapes I sent over. We find them blaming Ray again, he has told Foley that he had destroyed all notes, etc. on his files. We find that the math and wording are all wrong and they have missed all the pertinent verbiage we have discussed. Wheeler tries to defend Joao's work and says that the word zoom did not have to be in, the word enhanced was enough, etc. We start asking why engineers are making math mistakes, why inventors are not being called on long before 1 day and why they are still missing things like we don't need to be on a network, etc. We also hear that their are other things that Brian has in his possession that are not in the companys possession and we ask Brian what and he and the Foely guys mumble about spreadsheets but it is very suspicious, Buchsbaum and I have sidebar and can not believe what we are hearing. It sounded like they were referring to Brian's other patents but we thought we were nuts. So we correct with them for several hours their math and I think we do it over 2 days and then they go to file at midnight they assure everyone corrections have been made. We ask for copies of filings and we get back wrong math again this time filed with swapped signatures and now on file with patent office. Doug says he called for verbal approval, must have been sleep waking, for those of you who know me it must have been the one moment I slept that year. We call everyone together again on this bizarre turn of events could they have knowingly filed wrong math, what would be the intent??? And they try to explain but it is very weak, they assure us minimal risk, small window, only if someone is writing around us could these minor math errors and the likes affect us, they claim some square roots got eaten by hungry computers and that I should have caught it earlier, hard when you never have seen them until now. Somehow be a problem only if some of the correct math is in Utleys name at his house, that they had prepared for him. We want full explanation from Foley in writing about the potential liability the company could suffer after what we find out, in all these taped conversations, that the next day they filed the wrong application with my signature. Where did they get my signature if Doug in his letter says he got verbal confirmation from Brian and I to file? Sig switchers, I just hate it when that happens. I would never had signed until Jim and I reviewed, he waited by his phone all night too. Again, Wheeler pops in saying it will all be fine and he will begin to have conference and investigation into matter, Brian appears shocked and confused at Foley's incompetence but he also starts sweating profusely. He tells us Bills Dick will get this resolved, we will be at no risk, he is not to blame, (although he is too blame for all this nonsense), and they say they have told Brian that his math is wrong. I think there may have been an earlier call with Foley in which they covered up their math mistakes and assured us all that we were going to get everything in order, mistakes would be corrected and all would be fine, doubts dates could have major impact. Assures Si their liability coverage is paid. Si and Chris want letter of what is going on. Boehm they tell us is fired for his incompetence and that he is going back to college to finish up his mathematics! As if this rectifies the situation
Where is 120,121,122,122,123 at this time???? What happens to 101 or how to drop the first number of a spreadsheet to add or subtract at the end or in the middle, a trick learned by the great frauder Raymond Joka.
At about this time Utley lies in a meeting with no less than Universal/Vivendi and the most knowledgeable Jerry Pierce presses on Brian for where he got his engineering degree, very embarrassing when we find no engineer but instead find Utley the janitor of IBM Germany basically. Epstein leaves meeting saying he will not take IVIEWIT to any more meetings with Brian in the picture, most embarrassing meeting of his life, after meeting he pulls Buchsbaum & I aside from Brian, Buchsbaum is amazed. We decide we need to start to take serious actions to get rid of this fake.
Maurice notifies Crossbow again why no actions against those stealing from us? This poses serious questions about intent.
All studios are notified after Universal, in fact before leave the Universal lot David Colter is calling saying what happened Greg just got off a call from Pierce and says Utley is liar and fool and does not understand our product or basic math. We are all concerned that our engineer Brian is a fraud as Chris had sold us on his capabilities, as something he is not and never was. David Colter told us Greg Thagard explained our technology to Pierce and all was cool but that we should stay out of studios until we clear Utley matter up and get rid of Utley, in fact he calls Utley from London telling him to not contact ANY WB employees. When Greg explained to Jerry, Jerry told him that it was unbelievable that Greg needs to explain our processes for our company and that Utley can't add and doesn't understand basic math.
We are to meet referral from Thagard (DES Digital Entertainment Studios) were Thagard is on the board of a very large and prestigious encoding house in LA and Hassan Miah (from way back in story) is also on the board. We go and Utley instead of trying to make outsourcing deal of our encoding business with a license royalty back from DES, which was the intent of meeting, Utley instead tells this top of the line encoding company that we will service their Florida business if they give us some California business, another deal kill and embarrassment to the Company. (and we should run through the deals he killed and how, when we get a long minute but the list is all Goldman Sachs client referrals and AHJTW (Armstrong Hirsh Jackoway and Tyerman for those of you not in the know) clients aka the finest entertainment lawyers on the planet earth. And this may come to pass that their antics have ruined one of my best friends and the strongest client I ever had. Again Utley tries to turn my friends against me, time will tell, as I believe once the truth is told AHJTW will handle the book follies etc, the modern day Quixote.
Utley and I go to lunch, I tell him news that Wachovia, Board and studios all will not vote him CEO. He gets enraged at me and tells me if he cannot be CEO and Aidan Foley is, he claims he will tear the company down brick by brick with Mike and Chris, and bankrupt us if he has his way. He tells me I better watch my step when I return and I don't know who I am messing with, tells me he can kill the company like he built it and me. I try to tell him that it is the whole board's decision and I am not a sole decision maker, I tell him we can make him emeritus president and hang plaque, he went nuts.
I freak, he didnt just say he sprayed it. I notify just about everybody from here to there that I am threatened and that this guy means business. David Colter and I talk at great length he fears for me too and he offers me to stay at his house for a while while things settle down and maybe not go back to FL for a few days. I decide that I am safer in a hotel and never leave, I call my wife; tell her I am not coming home, very scarred for my life, her life and the kids lives. Tell her she may have to pack up whole house by herself (try that one on your wife one-day and if she doesnt kill you you have found true and unconditional love, no more Depach) and come to CA and join me in hotel with kids. She cancels Jakes 2nd B-day party and splits with kids and we live in hotel 3 months, thanks to friends with good rates. Causes great anger and hurt for parents, remember if I have not told you that I had moved back to FL from California to be with them because of their health conditions. Aidan Foley's girlfriend works at hotel, how quaint. Our friend also works at St. Regis chain and helps us because she fears for her best friends life, a most brave Mollie DeKold.
It is almost surreal at this moment in time.
Oh by the by, Wheelers emails have been getting returned and corrupted and he always is proclaiming himself a geek. Old ones are getting corrupt, we get worried and we ask him to print them all out when he assures us of his accurate record keeping, etc,. Sends us pages and pages of crap. Anyway, money is supposed to be coming into the LA office to help us get equipment as WB wants us to take over their encoding operation, we have moved into the Warner Brothers building, they are bringing in tapes, we are inventing ideas together, things are great on my end. Brian and Ray on the other hand are telling the world a whole different story and they say they have not received money yet from Crossbow who came out and agreed to fund the LA office after meeting the entire WB group and staff and committing the Company to accept the business and take over their operations. I call Hank and ask were money is for equip is he is making us look like morons and we have tacky 3rd generation furniture and crates that Mike Reale said would do fine. Hank says Brian said he sent 100k to me already and that further I was spending money like a maniac according to Brian and that he had paid me another 50k or so in expenses to stay at this 5 star hotel that I was living it up in. The Presidential Floor mind you, and dear reader, it is oh so the joy of life to have friends who help a friend in need when one is scarred for ones family, anyway Utley tells Hank it is where Reagan stays for 5k a night, little does he know that it's a whopping $69 a night. Oh the pain of getting caught in your lies, remember back to your childhood when this was the greatest sin, not lying, but getting caught. Brian and Ray and Hank and Maurice all want copies of bill as if I had lied to them. Brian had a quote for $225 for me at Beverly Hilton but everyone decided this was cheaper and better for my family until we found living space here. I abandon my home in FL, Si gets stuck with much expense and hates me for taking the g-kids away from them, yet they too are afraid and cannot believe this is really happening. The company gets hosed having to relocate at enormous expense, all my stuff gets delayed in delivery as Raymond Hersh for several months fail to pay the bill for an entire shipment of valuables and office files. They keep telling me out of money in Boca, little did I know they were actually flying teams of people around the country staying in fine hotels for a new venture to turn the Company into a distance learning company with some guy in NJ, they have Proskauer start filing new companies and drafting mergers with NO board approval or even mention. I tell Hank that they have sent me no money and in fact Maurice confirms such to them and that my reimbursements aren't paid and this loan of 80K they stole earlier from me (another story another month, my fn hand is falling off). Hank was basically calling me a liar and a thief. I told him to get his ass on a plane and make the trip to LA and find my hidden Rolls. Hank and Buchsbaum tell me Brian is telling people that studios are dead and we are bullshitting Crossbow (because the shit is hitting the fan over what happened at Universal & WB with Brians lies (and mind you dear reader that LA is a really small town, Utleys name spread like AIDS and this hurt the Company in many facets). Utley holds private meeting, again no board approval with Crossbow, no invitations accept to his thieving goons, and tells Crossbow distance learning is way to go and that they want to change the company and have begun to do so. From these private meetings with Crossbow regarding the new plan, Hank is even confused as to what is going on and Hank fly's out to touch and feel everything and check for my hidden Rolls Royce. .
Hank now comes and meets with studios and finds out our technology will be backbone to MovieFly (5 studio project), on DVD's, in camera's, etc. Hank and Ravi promise to get things turned around, I tell them that when we restructured their holdings they had promised to help find and back the management team and would bring new capital if I could get WB and Sony to start working with us. I came through on my end and brought in MGM, Universal and Fox all under NDA to boot. Hank brings sidekick to CA a very polite Ravi Ugale and they meet with Doug Chey and David Colter and they are ecstatic that not only are we in MovieFly but many other applications for Sony and WB, such as cameras, Tivos, etc. Hank too is embarrassed by I View Its offices that Mike and Brian had claimed were lavish, we quip that it is 100k worth of third hand junk and he promises to take care of everything, We decide it best to meet clients outside the office. Maurice has been hammering away that we are missing massive opportunity to start encoding and that WB is dropping off tapes. We have no equip to encode. We go to dinner at magic castle with Epstein, Maurice?, Hank, Jack Scanlan, Colter and we determine that Brian is mad as cow and needs to go to pasture. I get sick and these guys have long conversations about how to get Utley out.
Hank assures David, Doug, Epstein et.al. that even in the face of whats going down that the company is strong and they are backing all the way, all will be cool and rest assured they will stand and fund the company as David and Doug gets ready to take us to AOLTW Venture fund, Heidi Kraull, Raduchel, Leonsis, etc. We are on our way to Virginia and have passed all validation markers and are now encoding for WB, meeting with some of their partners like TeraNex (who are more NDA infringers introd by Wheeler friend), we need new management and to get rid of operations completely and get prepared for license opportunity and business model. Talks of J-V with CVC aspire, etc. Hank and Ravi like Aidan and Hank has several private meetings with him, and he says to sign him up.
Meanwhile Brian is on a rampant plan to bk the company padding bills with his friends and billing our attorney's without authorization, certainly over his 5k board limit, he files for new corporations, etc. Allegations abound and evidence spews of impropriety in almost every transaction Mr. Utley and Why? If you are Brian you must try and hide the cat from getting fully out of the bag, do everything to destroy company and evidence with your friends, and kill the shareholders, and then top it off with trying to steal core elements of the patents to your home, unassigned (why doesnt Crossbow NOT take aim at him all this time for any of this nonsense?? Or ??????????? As you can imagine and you do not even need really a leap of faith to get there at this point, its getting out of control, Utley must force the company into bk and steal the assets through secured loans with his friends and Wheeler would stand to gain on the BK with his over and over and over and over again inflated billings. Gets WB to dump us in scandal they dont want to deal with bk company, Utley starts firing office correspondences in a smear campaign to clients and others without consent or discussion with the board, when asked he stated wheeler advised him to do this but we ask why not send to everyone why wb and select few and none of his friends etc.
Hank starts requesting that David Colter let him talk with Heidi Kraull privately without him to feel out the deal for us, he knows her from other Crossbow deals with AOLTW. David is against this, says it will move things too quickly, I View It not ready until management etc. Hank presses David who calls me very concerned, Hank now is blowing her off and making a complete fool out him and our company, David feels that we should wait to complete the steps outlined by John Calkins (the best hair and angelic smile) review. Change management, change business model to no service, all license and R&D and get technical white papers completed are his demands, WB starts reviewing our candidates with Crossbow. David fears that Hank will cause trouble by messing up his plan of movement for the company within WB and AOLTW. Hank will not take no and keeps pushing for this meeting with Heidi and him to take place but always finds a way to fail her on promised things and finally embarrass us as we invite the top brass of AOLTW to a Nascar race guests of I View Its advisor George DeBidart who owns a few teams. We leave because of Crossbow all these people standing in the cold with no tickets or anything promised, this went over very well. Finally, David gives Hank the OK to call Heidi and get her the information. I do not, nor does David, I think, know if this occurs.
David and Greg Thagard are invited by Crossbow (Hank asks me not to come) to West Palm Beach to meet Zeostink and come back telling me that with some FAU professors (raise flag here) and the leading mathematicians of the world they have discovered a technology that will render IVIEWIT useless. Strange why Hank would do this to I View It. Prior to the meeting I did not know Zeosync and it is strange Hank would bring it to our leading client that would be destroyed by this tech, not that if they had what they claimed they should not be entitled to their royalties. David tells me trip was 70% Zeosync and 30% I View It. Zeosync after I start to investigate with friends, smells like a way to describe scaling using math formulas, no, breaking math laws or ripping them off or frauding them, and I get Jeff and others to investigate. We investigate math guys who are listed on their site including Nobel guys, and suddenly no one is saying that they know these guys. Zeo launches press report a few months later and is hailed as a scam, no mathematicians they said were on their board are, and further they remove all names off their site that were touting their breakthrough. Look to Chris and Brian and FAU is very suspicious here. Suspicious in that how is FAU and Florida State (not sure what name of 2nd school is) are they now doing whole distance learning stuff on their site using scaled video when they met with I View It they had no comparable product and dreamed of it's importance to their DL objectives, medical, blah-you know. FAU according to Chris and Brian was always going to be the first client with all this encoding for the school. I would look in depth at FAU and their growing multimedia department and their use and any patents from any professors in these areas. Zeostink is a pointer to the past.
About this time Aidan is negotiating his employment contract with Crossbow directly and I call Steve Warner to assure him that Aidan is worth the staggering amounts he is requesting, Aidan had asked me to put in the call from the office. Steve tells me he already spoke with Aidan and they are near agreement, they will shore things up in FL that everything looks great and we will be in Virginia soon to negotiate with AOLTW with both Aidan and Larry handling for them. Aidan tells me to take a fully company paid vacation and relax.
Aidan works with Thagard and Sony to assess license revenue on the inventions and Thagard later brags on a jet with Epstein and Colter that Aidan should do very well with Crossbow, with the revenue numbers from their studio alone.
Crossbow appears good guys, working with Aidan and Larry weekly on strategy and negotiating salaries and such with them, Aidan, Larry and Crossbow working on the next set of patents, appears things are going to be resolved with new Counsel Blakely. We are back on track, or so it appears, on our way to Virginia to meet AOL troops. Aidan at helm, Larry at side (or inside), Crossbow assures Colter that they are continuing funding, assures everyone. Then Aidan comes to our office for one of the few visits in many moons, before the trip to Crossbow to present his and Larry plan to me. Plan is pre-pack pre-backed fudge packed bk???? They show me and tell me Colter is in on it, when I call Colter and ask him he says they told him we were re-organizing and putting in new management and a new license business model according to Thagards numbers etc.. Never mentioned bk. I write poem to him Insipid Little Cockroaches (see attached poem) to him before we have chance to iron out the truth, and it appears he is betraying our friendship etc. The poem is later re-directed to appropriate scumbags; Larry, Aidan, Wheeler, Utley. Should send copy to Crossbow now that they are part of stealing scheme.
Larry calls to tell me I am an idiot, that Crossbow intends to have their own bk, wash away shareholders and debt and re-organize with him and Aidan most likely, they have worked this out with our bk counsel in FL. Has cocky attitude as if this was planned with Crossbow, he informs me that it will probably be something like 65% Crossbow, 25% new management and 10% for creditors like Brian and Wheeler and the remainder to us, if any. I must say I was blown away by this call, which prompts reply to Crossbow. (See Exhibit)
Get worried, Aidan and Larry have been interfacing against us, wonder what they have done to patent pool. Send a letter reminding them that in no way should they make ip decisions without board approval, they go ahead with Crossbow and make major decisions on pool all without any board actions, all against the direction of management. Wonder why Hank is interfacing on patent decisions that should be made by Company and board. Hank is in a rush, I am not, I call Blakely and tell them no patent decisions or funding without Hank paying his past bill with them which they are harping on me about and they should return any checks that are not sent by the Company other than his payments. I tell Hank until he clears up 2 months of financing, no foreign patents can the Company afford, he pays Blakely without our knowledge. Tell him I want to see him suffer 21 years over lost world revenue and since he is trying to kill us it will be just reward, since I dont care too much for money and you know the rest of that tune, money cant buy me love. We call Tom Coester, Hank and I, and he agrees to pay entire past bill of @12k, plus he is checking on getting the 2 months + of past funding and then pay for certain countries to be decided on by the Company, he goes against what the company thinks is right here and makes his own decision on countries and patents to pursue. I freak on everybody when I hear that we are losing initial priority date and that Brian's camera patent exposes us to risk somehow and that losing initial date may hurt us although Tom thinks it through and thinks it poses no risk. While we are supposed to be checking with board etc. Hank sends check direct to our lawyers and makes final decision himself, no loan agreements are signed or anything. Appears to me that Crossbow has own objectives, maybe we should check Swiss counterparts for patent pools in this arena. We have always been concerned about this. Also considered about instances with Hanks son (see attached)
We are stiffed for the 2 months that Crossbow was late and had promised to everyone, in fact as Aidan was leaving to Florida, 1st class tickets, he assured us that the money was being transferred into his new account. Bill begins to tell everyone checks are being cut.
Now obviously if you are attempting to hurt the company, this is perfect. We are forced out of the WB building, we cannot continue to earn revenue, we are being shut off on all fronts, impossible to raise capital with Brian and Chris legal issues, WB very concerned over bk (or so it appears). Hank it appears is making decisions with Aidan and Larry to change course of patent pool.
Brian, Mike, Hersh, Reale and Wheeler are in charge of transferring the Company documents to I View It in CA per Board taped calls and what they send is; Incomplete patent files (Utleys stuff missing), Incomplete Corporate Documents, Erased databases, hosed computers, no records of loans etc, no minutes for most Board meetings, etc. To imagine this was before Enron, it set precedence. Remember blinded reader as surely your eyes must be filled with tears, these are your trusted advisors, your lawyers, your accountants, all working to steal from you. Violating all ethical consideration, violating their oath, I guess as I look it the only way to prevent this in the future, from others not so strong as myself, is off with their fn heads. Same concept would have worked well for Anderson and Enron had anybody the decency to pull out the guillotine and start whacking, we would have had some heads roll but the firms and the establishments of honor and trust would have been restored. All in favor of the guillotine, send me an email.
The National Intellectual Property Law Enforcement Coordination
Exhibit 1 Case of inventor fraud perpetrated with I View It Counsel and Brian Utley
*Utleys name as an individual not President of Iviewit, the patents sent to his home address, having no assignments filed for I View It. Or how to commit fraud on the USPTO, your investors, the Company. This hurts to much to write a synopsis on and thats pretty bad for a poet.
Excerpt from Blakely Sokoloff Investigation after finding Utley patents, these were not forwarded with the Corporate Documents.
Document to change Utley patents back to I View It
Now as Foley resigns from counsel months later and files to remove themselves from the patents They still never mention Brians patents. Very confusing which ones they chose.
Exhibit 2 How to claim others ideas as your own
Attached are inventions done by the I View It group far prior to Brian even arriving on the scene. These show more intent of him trying to claim inventorship to our products and perhaps walk away with it. Were these ever filed as provisional? If so, who filed? Also, looks a bit like remote control video application that Foley may have abandoned? Also, looks a bit like what Joao is trying to get in auto patent and healthcare with remote control video and associated interlaced data and controls. These ideas were implemented in demo fashion far before Brian was employed, the fact that he claims inventorship are absurd. I mean this guy was working it at lunch stealing our ideas and then running to secretly patent them in his name. Coocooooocachooo.
Exhibit 3 Timeline of Incidents and allegations, hints and innuendos
Exhibit 4 Utley Resume as submitted by Christopher Wheeler to I View It and Board
Wherein he is touted as an Engineer, they also change my resume to who I am not and I get very upset and in fact joke in many meetings that I hand it out that it must be my alter ego. See how Brian goes from no degree to a degree he later claims in biography submitted under oath to Wachovia Bank for the Investment thing they were doing.
Here, Utley suddenly becomes graduate of San Francisco college in resume submitted for Wachovia bank OM which falsely states:
Brian G. Utley, President (67) - For over 30 years, Mr. Utley was responsible for the development and world-wide management of many of IBMs most successful products such as the AS400 and the PC. Entering IBMs executive ranks in the early 1980s, Mr. Utleys impact was felt in all areas of IBMs advanced technology product development, including Biomedical Systems, European Operations, and most importantly, IBMs launch of the Personal Computer. Following the introduction of the PC in the United States, Mr. Utley moved to Europe where he was responsible for a number of IBM's overseas activities including managing the launch of the PC across Europe and the Middle East. His career with IBM culminated with his responsibility as Vice President and General Manager of IBM Boca Raton with a work force of over 6,000 professionals. He is a graduate of San Francisco City College. WHAT IS DEGREE??
Here in yet another resume Utley has no degreee in earlier than Wachovia BP bio
Brian Utley, President and Chief Operating Officer - Mr. Utley has been involved in the computer industry since 1955, 37 years of which were with IBM. He has been in senior management and executive positions since 1965 culminating in his responsibility as Vice President and General Manager of IBM Boca Raton with a population of over 6,000 professionals. During his career he has been responsible for advanced technology product development on many fronts. In addition he was responsible for a number of IBM's overseas activities including product development, product management and market development. The most notable of which was the introduction of the IBM PC to Europe. Mr. Utley is well known for his technical expertise as well as for his focus on quality, team building, organizational skills and commitment to results.
oh by the by; he is caught lying in meeting with Universal studio when he bumbles on basic math to a top engineering dude at Vivendi Universal who asks where he got degree and Brian admits no degree. Alan Epstein abhorred after the meeting says his firm AHJTW cannot introduce iviewit to any more clients for our product until this liar and frauder is thrown out. SVP of Advance Technologies - Jerry Pierce calls Greg Thagard at WB and asks if he is nuts and knows if this guy Brian is a fraud. David Colter immediately calls me and I tell him it was perhaps the most embarrassing moment of any meeting I had ever been in and WB also makes the position known to Brian himself that he cannot be CEO. This is when Brian threatens Eliot with BK and his life and things unravel here on Brian, we find that is writing patents into his name, may be stealing money from the company and IP and proprietary equipment.
Exhibit 5 Stealing Intellectual Property Equipment
Correspondences regarding theft and embezzlement of I View It IP to Distance Learning Company owned by I View It board member and investor Bruce Prolow and Tiedemann/Prolow Investment Company. This will become more apparent when combined with the following police report
This will become more apparent when combined with the following police report
From: Eliot I. Bernstein [mailto:email@example.com]
Sent: Wednesday, June 13, 2001 9:21 PM
To: Ross Miller (E-mail); Ross Miller (E-mail 2); William R. Kasser (E-mail); William R. Kasser (E-mail 2); Simon L. Bernstein (E-mail)
Subject: Missing Boca Equipment
Please read this email from Matt Mink it clearly indicates that Mike and Brian have iviewit equipment.
From: Minkvideo@aol.com [mailto:Minkvideo@aol.com]
Sent: Wednesday, June 13, 2001 4:50 AM
Everything is good. I finally have my computer back and I am editing again.
I am trying a little marketing right now. I have an ad going into a local
vendors magazine and I have been meeting and contacting other video companies
in my field to let them know that I am available to shoot and edit. I met
with Zakirul one day at his school and everything seems to be going well with him
too. Mike Reale has contacted me twice too. I guess he has the bomber and
the computer I worked on and there is an administration password he can't get
by. I couldn't help him there. I guess Tammy won't help him out.
When my computer went down I lost Dreamweaver, Fireworks and my encoders. I
didn't have any backups for them. I know better this time. I am backing up
Take care and I'll talk to you soon.
From: Minkvideo@aol.com [mailto:Minkvideo@aol.com]
Sent: Wednesday, May 01, 2002 5:15 PM
Subject: Re: from Tony!
speaking of New Jersey....Mike Reale called me after i was let go....could
have been a few weeks to a month about passcodes to computers and if I
to go to New Jersey to help set up their new operation with the distance
learning because I knew the iviewit processes. If you mean stuff like that
let me know
5 Continued - More Brave Employees Testimony
March 28, 2002.
This is my recollection of the events last year which took place after the Iviewit staff was informed that the company would soon be closing, and we were all losing our jobs:
Shortly after a conference room meeting with people who Scott Murphy brought in, a video tape is brought into the lab. It is made clear that the tape belongs to Scott Murphy's associates, and I am instructed to give the utmost care and attention to encoding this tape, which is of pornographic nature. The number $7 million is repeatedly mentioned as possible revenue should Iviewit get this pornography account. The tape is initially previewed in the lab when Mike Reale plays it in a VCR. I am present, along with Tammy Raymond, Network Administrator, and Courtney Jurcak, a teenage female technician. I believe Matthew Mink was also there. The tape is played using zero discretion. I am instructed to do my best in encoding this material, because as it was put to me, the deal could possibly serve in saving the company and everyone's job. To make clear, this episode all happened after a conference room meeting, in which Brian Utley announced to all Iviewit employees that the company was closing, effective immediately. After this announcement, and before the porno tape came in, my self-given job responsibilities included make closure to the Iviewit Boca Raton lab by packing away equipment for West Coast shipment, and informing our current clients that we would be doing no more work for them. I ran a very generalized encoding session over the porno tape. I remember meeting one of the main slimeball porno guys during this general time. He pointed at my computer screen and told me he needed the videos to look better than they did so he could offer something on his porno sites that no one else had. I didn't bother to use any special proprietary processes on the video because I was not personally motivated to do a good job on the tape. Approximately, the next day, I am summoned to the conference room where sits Brian Utley and Raymond Hersh. There is a large TV web monitor at the end of the conference table connected to the Internet, and I am instructed to use it to play the porno video which I encoded, and was now streaming live from our streaming server. I play the video, they watch. Comment on various visualities from the encode. They ask me questions. I am slightly embarrassed and want no part of it, and made a decision to myself that had they asked me to do further work for this client, I would decline. I was very shocked at the casual demeanor of these two men during this conference room porno review. Up to that point, and since the day I began at the company, I was informed that Iviewit would never have anything to do with adult content. The technology simply would not be used for those avenues, and I was made aware that stockholders and board members specifically stipulated these points. During this general time, (but a bit later, because I remember some of the other technicians had already worked their last day), Mike Reale brings in a gray suitcase into the lab. The suitcase is constructed of a very durable nature and locking mechanisms. He opens it in front of me, and it's the most money I've ever seen in my life. Tammy Raymond was there, and later claimed that she thought it was fake because there was so much of it, but I was inches from it, and it looked like perfectly real stacks and stacks of one hundred dollar bills, and neatly arranged like in the movies. I asked Reale where this came from. I don't remember whom he said, but it was a name familiar to me as someone who didn't work in our office but had direct investment relations with Iviewit.
I swear the above to be true and complete, to the best of my recollection.
841 Manhattan Avenue #9
Hermosa Beach CA 90254
From: Tony Frenden [mailto:firstname.lastname@example.org]
Sent: Thursday, July 19, 2001 1:39 AM
To: 'Bill Kasser'
Subject: RE: Encoding Machines
Both machines were accessed, and used during the time they weren't in our hands. On the Bomber, i didn't find any streaming media files, but it was indicated that the encoding software (to create streaming files) had been used frequently. On the Nitro, i have not yet searched for streaming files, but i did find many images that pertain to the InternetTrane product. These images were to appear as pages within InternetTrane's software. These files were created by someone using the Nitro in early June.
It was shown that both machines were part of a network environment together, while in our absence. The drives of each computer was 'shared' or accessible to the other computer. Bomber's drive was called 'Production', while the Nitro was named "Video". Furthermore, the Bomber recieved an upgrade of its 'operating system' (from Windows NT to Windows 2000) to facillitate its network environment. I don't believe the Windows 2000 upgrade to be legitimate.
A side note reveals that both computers had pirated software installed on them in June or July, and files resulting from them were created as late as July 11, 2001.
If you require further details, let me know.
From: Bill Kasser [mailto:email@example.com]
Sent: Tuesday, July 17, 2001 8:55 AM
To: Tony Frenden
Subject: Encoding Machines
How are the Bomber & Nitro? Did Brian do any damage? Did he leave a record of what he did?
Exhibit 6 Utley/Reale Police Report
Frightening but true, Brian and Mike steal highly proprietary equipment worth a fortune in proprietary software and confidential iviewit processes. After lying about what they were taking and lying to the police they are confronted to return the machines which they have taken to a distance learning part owned by our investor Tiedeman/Prolows distance learning company. Bruce Prolow is a board member for iviewit, not sure about Internet Train but he is an investor of some magnitude
Exhibit 7 Case of Switching Inventors
This I call "the case of the lost inventor" and the ensuing confusion of inventors and finally Utley replacing Jude in filed docs. Call me for a walk through. You can see that Brian drops Jude as an inventor and later files himself as an one of three applicants. Also, I do not think they fax well but the original pages contain a white out through most of 57103-111 even on filed docs. If you would like I will send you scanned color docs which clearly indicate the marks. Notice the note to Brian on the June 2 fax from Foley and Lardner which calls attention to the names of inventors and puts it (Eliot & Zakirul) and you (you referring to Utley). Then Utley signs as one of the 3 applicants on the submissions that follow. Do we have all filed patent documents for the breadth of iviewit yet from the patent office (we need to pick up every stitch, is there anything we have to do?)
I think paired with the Utley patent in his name as sole inventor and his past behavior at prior job we start to piece together the larger picture. The act that these documents were filed and that Rubenstein and Joao are claimed to have missed the inventions, has already cost the company considerable legal expenses and perhaps far more to again try and resolve issues. The fact that filing dates have been missed and are non-correctable is a major disclosure issue. Now that I have heard this directly from your review and the patent director I am now aware and must act accordingly. Foley follys have cost us dearly and these issues all must be raised on an ethics level. These frauds have aided in bk'ing the company, interfering with my constitutional rights as an inventor and preventing the Company from raising investment from many of the potential investors who looked at this garbage. Ray filing patents that are similar in nature to I View It pursuits that he learned from us is criminal and perhaps already costing us lost revenues that he himself may be making. I must disclose this stuff to all legal bodies, I am open to suggestion or feel free to help, and to the current shareholders and investors. How to cope?
This may help you understand why things were not getting communicated properly
From: Brian G. Utley [mailto:firstname.lastname@example.org]On Behalf Of Brian G.
Sent: Sunday, May 28, 2000 1:45 PM
To: 'Becker, Steven C.'
Subject: RE: Patent Application
Eliot's data is correct. Will have the Zack andd Jude data on Tuesday.
From: Becker, Steven C. [mailto:SBecker@foleylaw.com]
Sent: Friday, May 26, 2000 8:48 PM
To: Brian G. Utley (E-mail)
Cc: Boehm, Douglas A.
Subject: Patent Application
Please provide a full name with middle initial, home address, and
citizenship information for Zach and Jude. Also, please confirm the
following for Eliot:
Eliot I. Bernstein
500 S.E. Mizner Boulevard
Boca Raton, FL 33432-6080
NOTE: The information transmitted in this correspondence is intended only
for the person or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking any action in reliance upon, this
information by persons or entities other than the intended recipient is
prohibited. If you receive this correspondence in error, please contact the
sender and delete the material from any computer.
And then we see
Your message did not reach some or all of the intended recipients.
Subject: RE: Patent Application
Sent: 5/30/2000 5:55 AM
The following recipient(s) could not be reached:
SBecker@foleylaw.com on 5/30/2000 5:56 AM
The address specified does not exist. Please check the address and try again.
dns;FLINETMAIL.HAL2000.iviewit.com failed 5.1.0
EXHIBIT 8 The case of the patent attorney who files patents similar to ideas he learns from his clients
This is also the same attorney who loses our first patent and many attorneys have now confirmed that he has missed the boat on our filings, costing the company a fortune to try and repair and we now find some of it can never be repaired. He loses our video patent in January or so and he is filing own
After you read Rays original work, look at these excerpts from our Business Plans
Excerpts Business Plan 1998 - Which match to Joao patents
Custom Web page & Advertisement Creation - iviewit's team of ad consultants will make it easy for your company to have a first-class, top quality virtual reality web page. In addition, through our "email-to sale one click system, buyers can contact you directly from your advertisement or product via live web video teleconference.
20. SERVICE BUSINESS ANALYSIS
The ad business consists of thousands of smaller ad agencies and individuals, for every one of the few dozen well-known companies.
Advertising participants range from major international name-brand clientele to millions of individual PC users. One of iviewit's challenges will be establishing itself as a global advertising virtual community, positioned as a relatively risk-free, value added, corporate or individual purchase.
Note that this can be used for political services as well!!
Benefits of iviewit for Personnel Services - including employment, modeling and casting searches.
Global screening of qualified candidates from an increased pool
Videotaped candidate resumes further aid the selection process
Live video conferencing of candidates to maximize selection process
15. FUTURE SERVICES
In the future, iviewit will broaden its scope of business to Europe, Japan and emerging markets. After establishing the core business markets discussed earlier, iviewit intends to expand into any market iviewit technology will benefit, i.e. the medical imaging industry.
iviewit's initial core businesses will be:
· 3-D sales & resale's of real-estate
· 3-D sales & resale's of high end luxury items
· Interactive Employment Services
· Employer Search
· Modeling Agency
· Casting Agency
· 3-D on line booking of hotel and resorts and related travel services
· Online live dating & personal ads
· Design, setup, implementation and management of 3-D sites
· Corporate advertising
· Banner Advertising
· Corporate Internet Alliances
PROACTIVE email marketing packages
iviewit represents a pivotal transition in global E-commerce. Current E-commerce occurs across a one-dimensional plane, websites are simply brochures posted to the web. Products are bought and sold using flat lifeless pictures and text. iviewit technology is remarkably different in that the product comes alive, offering the user the capability to inspect all dimensions of the product being advertised, integrated with full voice overlay's, and a live videoconference feature whereby buyer and seller can have live interfacing. iviewit's technology can be applied to an unlimited number of product lines.
And some stuff from the sites Ray and Ken were seeing as early as 11/98
Seeking an opportunity in the television and advertising industry, where I can enhance my modeling and advertisement opportunities.
Attended NY Baby Modeling school and became certified at age 6 months.
1998 to Present
Kraft Foods Baby Model
· Modeling and advertising for Kraft Cheese & Macaroni TV and Advertisement ads.
· Participated and won BABY of the year contest.
· Attended many shoots for both TV and Advertisements.
· Professional training on the job and with independent agents
Click here for bigger view
Seeking a permanent position within a professional organization
University of Miami
Microsoft Word, Excel and PowerPoint, Lotus, ACT, 75 WPM, Fluent in Spanish
1987 to Winslow Hall Advertising, Inc.
Executive Assistant to President.
· Handle company budget, utilizing Excel. Create spreadsheets on Excel for several officers expense reports.
· Negotiate all vendor contracts, such as phone, office equipment, etc...
· Work with clients as contact person on Presidents behalf.
· Work with agents to help promote and market strategies to current and prospective clientele.
· Was promoted twice within the organization.
· Supervise several administrative staff members
· Coordinate all appointments, travel arrangements and hotel accommodations.
| DASHBOARD | | ENGINE | | Back |
| Back |
THE iviewit VIRTUAL MALL
The virtual mall offers unlimited possibilities as it is under perpetual construction and expansion. The mall is designed to accommodate an infinite array of products. Each floor is dedicated to the fulfillment of a consumer's needs in a specific industry or product cluster.
Floor 1 is dedicated to Real Estate. Available on this floor are storefronts offering residential real estate, commercial real estate, mortgages, insurance, moving & shipping services, relocation services, furniture rental, career center, city guides/local info, credit center, auto center, temporary housing, travel services, rentals, self storage.
To sample iviewit's real estate view
Floor 2 is dedicated to Personnel. Available on this floor are storefronts offering resume posting, job postings, iviewit assisted placements, modeling, casting, career center, moving & shipping services, and relocation services.
To sample iviewit's PERSONNEL VIEW
Floor 3 is dedicated to Luxury Items. Available on this floor are storefronts offering, boats, yachts, ships, airplanes, helicopters, automobiles, credit center, insurance, art, antiques and furniture.
To sample iviewit's LUXURY ITEMS VIEW
Floor 4 is dedicated to Travel and Travel Related Services. Available on this floor are storefronts offering, booking services, airlines, hotels, time share, vacation destinations, rental cars, insurance, limousine services, restaurants and events.
To sample iviewit's TRAVEL VIEW
Unique iviewit website features and benefits common to all floors:
v v Virtual world websites versus current websites designed with static, flat pictures and text
v v Global marketing and database of properties, items and personnel
v v Live onsite interaction between buyer and seller via iviewit's powerful "click-and-connect" videoconferencing.
v v iviewit allows the user to control his viewing environment by zooming in and zooming out with up to 1700x distortion-free magnification in a virtual 360 panorama.
v v Users are empowered with the ability to view an unlimited number of related products resulting in tremendous time and travel savings to potential buyers and sellers.
Specific benefits to the Personnel Floor:
v v Global screening of qualified candidates from an increasing pool
v v Videotaped candidate resumes further aid the selection process
v v Live video conferencing of candidates to maximize selection process
Products & Services
iviewit's product is it's Patent Pending process for creating enhanced digital images.
Existing website product display technologies have been limited by speed and size causing frustration to the end user and limiting a website's ability to adequately depict products. iviewit's technology has been applied in the world's first virtual-reality mall in which all objects will be seen as close to realism as possible. iviewit's revolutionary process is a quantum leap akin to the change from black and white television to color, iviewit HAS RAISED THE BAR!
v v James Osterling, West Coast Regional Co-Director
v v James Armstrong Northeast Regional Director
v v Guy Iantoni, Midwest Regional Co-Director
v v Jill Iantoni, Midwest Regional Co-Director
v v Andy Dietz, West Coast Regional Director
v v Judy Rosario, Head of IT Management & Audio/Video Production
v v Zakirul Shirajee, Website Engineer
v v Patricia Daniels, Head of Photography
The following video files were a revolution. They were scaled down and played back in full screen frames from 37Kbps they looked perfect, just like you see them here when played back full screen, on these just right click on it and go full screen and it will in fact play better than full screen encodes which dont play at all. At this time Ray and Chris were telling everyone to keep the video hush hush until we had all the provisional applications done. We had developed this far earlier than what is originally disclosed to the public on the video. It was a download, captured and encoded with a different intent than prior art, the art of human psychological perception and a bit of magic. These and then our streaming versions fooled the best of the best engineers from all walks, up until after we taught them what was going on.
Simon L. Bernstein
Mr. Bernstein has pioneered the development of proprietary life insurance products and has formed two companies to facilitate the sales of these products. Mr. Bernstein, in 1972, founded S.B. Lexington, Inc. to facilitate the sales and marketing of his unique and copyrighted VEBA 501 (C) (9) trust. In 1983, Mr. Bernstein invented the Copyrighted Arbitrage Life Payment System, which is a unique leveraged single premium life insurance product for high net worth individuals. From the ground floor up, Mr. Bernstein developed for both companies a national sales and marketing network, which now account for over $800 million in life premium sales.
In order to bring these products to market, Mr. Bernstein needed to establish relationships at the client level, as well as the life carrier level. Due to the nature of the Arbitrage program, and the need to secure premium financing, Mr. Bernstein has also developed strong relationship with domestic and international lending institutions. These products have led to relationships with such prominent corporations as; Lincoln Benefit Life/Allstate, First Transamerica Life, Allianz, ABN-AMRO, Bank of America, Chase, & Norwest.
Mr. Bernstein's career in the life insurance industry began in 1965 when he became the top producer for Aetna Life and Casualty Company. He has remained in the top 5% of life insurance sales agencies since that time. Mr. Bernstein is currently a qualifying and life member of the Million Dollar Round Table. He has appeared before the House Ways and Means Committee and has been a guest speaker at the New York University Institution on Federal Taxation.
Eliot I. Bernstein
or my alterego
Eliot Bernstein has owned and operated SB Lexington, SW Insurance Agency since 1983. The Company was formed while attending the University of Wisconsin, Madison where Mr. Bernstein holds a Bachelor of Science in Psychology & Astronomy. Since 1981, he has been one of Arbitrage Life's top producing national sales executives, with over $150 million of life premium sold. Mr. Bernstein's California clients include: The Irvine Company, Marvin Davis Companies, Irvine Sensors Corporation NASDAQ (IRSN), Showpower NASDAQ (SHO) and other high net worth clients and corporations. Mr. Bernstein was also a pioneer of the "No-Load" life insurance concept.
Mr. Bernstein is responsible for the creation and implementation of a computer based, fully consumer integrated, multi media, website & CD-ROM for sales and marketing of the Arbitrage Life Payment System (ALPS). In addition, he created the corporate office computing systems for STP and SB Lexington. These systems include all back office tracking and database management systems, currently handling over $800 million of accounts. From his experience developing the ALPS website, Mr. Bernstein developed the technology to allow virtual product representation on the Internet. He is the founder of iviewit and is the Patent Pending holder of the iviewit technologies. Mr. Bernstein's vision is to create a new platform for Internet E-Commerce to transact along, that makes the makes the Internet a more useful commerce tool.
Gerald R. Lewin, C.P.A.
Gerald Lewin has been a certified public accountant since 1973 and is licensed to practice in the states of Florida and Michigan.
Mr. Lewin received a Bachelor of Science degree from Wayne State University in 1970. After his association with a medium-size accounting firm in Detroit for two years, he went on to become a partner and remain with the firm until he left Michigan. In 1981, Mr. Lewin relocated to Florida and joined with Donald Goldstein to form Goldstein Lewin & Co. Currently the firm has approximately 30 accountants. As one of the founding partners, he specializes in business consulting and is highly knowledgeable in many aspects of accounting, tax and financial planning.
Mr. Lewin is a member of both the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants.
James A. Osterling
James Osterling is a managing director of the Saybrook Residential fund. Prior to joining Saybrook, Mr. Osterling served as the Chief Financial Officer and Senior Vice President for California Pacific Homes (Cal Pac), a major California homebuilding and master planned community developer affiliated with the Irvine Company. Cal Pac has annual home and lot sale volume of 1200 units and annual revenues of $250,000,000. Before joining Cal Pac in 1994, Mr. Osterling served as the Chief Financial Officer for Shea Homes, a nationally ranked homebuilder and master planned community developer with operations in the west, southwest and southeast regions of the U.S. and annual revenues of $450,000,000.
Mr. Osterling has dedicated his career to financial management and capital market transactions in the real estate industry, commencing with his employment at Arthur Andersen & Co. as senior tax consultant specializing in real estate and tax shelter partnerships. He has over twelve years of experience as Chief Financial Officer in the real estate industry. As CFO, Mr. Osterling has structured, negotiated, and administered corporate borrowings in excess of $500,000,000 and sourced and closed project level debt and equity financing with a combined transaction value exceeding $400,000,000. Mr. Osterling has acquired and obtained financing for portfolios of distressed properties purchased from lenders, regulatory agencies, and from debtors in possession in bankruptcy court with a transaction value in excess of $200,000,000.
Mr. Osterling received a BS degree in Business Administration from Iowa State University in 1979, and an MBA from the Kellogg Graduate School of management at Northwestern University in 1986. He has also completed post-graduate work at the University of Southern California. Mr. Osterling is a member of the Building Industry Association, Urban land Institute, American Institute of Certified Public Accountants, California Society of Certified Public Accountants, Financial Executives Institute (board member), and the University of Southern California Real Estate Alumni (board member and past president).
James F. Armstrong
Jim Armstrong has owned and operated The Armstrong Group, Ltd. since 1982. The Armstrong Group is a financial planning and insurance consulting and sales firm targeting the corporate executive and high net-worth markets. Jim has demonstrated success in virtually all areas of sales, administration, sales management and business management and is accustomed to delivering results in all phases of sales growth and expansion. He has demonstrated success in the development of long-term business relationships directly with clients and with financial intermediaries and is accomplished in the use of high-end, sophisticated computers for developing sales aids, presentations, tracking portfolios and general automation and efficiency.
While operating The Armstrong Group Jim worked with Prudential Securities as a specialist in Retirement and Financial planning serving a ten state region and over 800 securities brokers. He was responsible for the marketing, promotion and development of Qualified Plan business and Investment Management Services business (money managers).His success in this regional role led to his appointment as the National Sales Manager for Prudential Securities' Primary Client Services division. In this role he was responsible for directing the sales effort for the firm's retirement products, financial planning capabilities and central asset account. Jim was then appointed as the National Sales Manager for the Prudential Securities Life Agency. He was responsible for building the infrastructure for this start-up venture. He developed marketing materials, formulated policies and procedures and recruited and supervised a national network of planning specialists.
Jim is a graduate of Northwestern University with a bachelor degree in economics and business.
Jill B. Iantoni, CPC
Mrs. Iantoni is currently a Senior Consultant at the Whitney-Carlyle Group. Her focus is in executive search within the real estate industry and has been a staffing consultant since 1994. Prior to the Whitney-Carlyle Group, Mrs. Iantoni was a senior level recruiter with a Chicago based AccuStaff Company. She was the highest national producing recruiter in the firmfs history. Mrs. Iantoni began her career in the insurance industry with Cambridge Associates and Northwestern Mutual as a Sales Executive.
Mrs. Iantoni will leverage her staffing, consulting, and recruiting expertise to direct the personnel division for iviewit, inc. She has extensive experience networking within the staffing industry via direct marketing and Internet channels.
Mrs. Iantoni holds a Bachelor of Business Administration Degree from University of Miami and is currently eligible for admission to the Pinnacle Group, an organization for the nationfs top producing recruiters.
Mr. Iantoni is currently a Senior Financial Representative with Fidelity Investments. Through his years of experience at Fidelity Investments and Morgan Stanley Dean Witter, Mr. Iantoni has served as an Investment Management Consultant to high net worth individuals. Before this, Mr. Iantoni spent four years with Eli Lilly & Company creating and implementing direct marketing and sales campaigns within the healthcare industry. He has developed and leveraged computer databases to effectively market to target segments in both investments and healthcare.
Mr. Iantonifs expertise in sales and marketing initiatives will lead iviewit's Midwest region. He will be responsible for securing new contracts and overseeing management of all divisions. Mr. Iantoni has worked in conjunction with Eliot Bernstein to formulate the iviewit business plan and his development skills were a key component to the formation of iviewit's marketing strategy.
Mr. Iantoni graduated from the University of Wisconsin, Madison with an advanced Degree in Pharmacy. He is currently a registered investment adviser holding series 7, 63, 65, 31 and insurance licenses.
ANDREW R. DIETZ
Executive Vice President, Hotels & Resorts
Mr. Dietz is currently an executive in a licensed travel agency providing all travel related services to the entertainment industry (commercial airline ticketing, hotel and resort reservations and ground transportation). His clients include: concert touring artists, celebrities, wealthy individuals and executives. Mr. Dietz has also been a principal in an aircraft charter brokerage business arranging private aircraft to individuals and groups within the entertainment industry.
Mr. Dietz brings to iviewit a high level of expertise and start-up skills within the travel and entertainment industries. Since 1980, Mr. Dietz has been developing and maintaining strong relationships with key target iviewit customers. He will responsible for coordinating and overseeing the national hotel and resort division for the company.
Mr. Dietz was formerly an auditor with Arthur Andersen, and is a graduate, summa cum laude, of Pennsylvania State University.
Andrew Dietz, age 42, has been involved in the transportation industry specializing in the movement of high value, time sensitive equipment primarily focusing on entertainment industry ranging from film and television productions to concert touring productions for 15
years. In addition, Mr. Dietz has been an Principal/Executive in a licensed travel agency since 1980, providing all travel services,(commercial air ticketing, reservations for air, hotel, train and auto services) to concert touring artists, entertainment industry executives, celebrities and other wealthy individuals who require a very high level of service and personal attention. Mr. Dietz has also been a principal in an aircraft charter brokerage business since 1980, a business which arranges private aircraft for charters to individuals or groups in the entertainment industry ranging from Lear jets to 737's.
Mr. Dietz was formerly an auditor with Arthur Andersen & Co., and is a graduate, summa cum laude, of Pennsylvania State University.
Jude R. Rosario
Mr. Rosario is currently the Information System Administrator and Video Production Manager for St. Andrews Country Club. Prior to joining St. Andrews Country Club, Mr. Rosario held several positions involving software and web development. He brings expertise in the design and production of Internet based visual media creation. He also has in depth knowledge of configuring computer networks and systems data management.
Mr. Rosario, in conjunction with Mr. Shirajee, have developed the technical systems to bring iviewit technology to a functional working website. Mr. Rosariofs information technology experience will be leveraged to oversee all website technology initiatives.
Mr. Rosario holds a Masters Degree in Sociology Computer Architecture and Database Management. He holds expertise in Novell Netware Administration and Microsoft NT Administration.
Mr. Shirajee currently works as a computer programmer for the Florida Atlantic University. He is skilled in the areas of website development creating sites such as, www.getarb.com and www.cyberfyds.com. Mr. Shirajee is well versed in both Unix and Windows operating systems with extensive knowledge of programming languages such as: C, C++, Pascal and html.
Mr. Shirajee has been involved with the creation of iviewit web design and infrastructure. He will serve as Chief Website Engineer and work in conjunction with Jude Rosario to implement and support the iviewit website.
Patty Daniels is currently one of South Floridafs most sought after independent photographers. Patty has 15 years of professional experience in photography, and her work can be seen at Joanne Hoinig Interior Design in Boca Raton.
Patty will head iviewit's photography department bringing several distinct advantages to iviewit photography. Her expertise in the areas of panoramic interior photography and lighting will ensure superior quality for iviewit's Internet images. Patty has photographed multi-million dollar homes for Premiere Estate Properties, a publication of Sothebyfs International Realty. Ms. Daniels will coordinate both photography and video responsibilities with web engineering and development staff.
iviewit will seek to forge strategic alliances and partnerships. Simultaneously, iviewit is seeking a Venture Capital partner.
Investor Exit Strategy
1. It is the Company's intent, in due time, to offer the shares to the public market.
2. The Company may entertain offers from public or private companies for acquisition or merger.
3. It is the Company's intent to pay profits out of the Company to the investors and principals in proportion to their respective shares. The Board of Directors will determine the amount of distribution to it's investors.
Litigation and Potential Liability
The Company is not currently involved in any litigation nor does it have any knowledge or information regarding any pending litigation or claims that may adversely affect the Company.
HERE JOAO HAS 50 PATENTS, VERY BUSY SINCE MEETING US
DOING BUSINESS WITH LAW
FIRMS - FROM ELDERLY TO INTERNET: LAW'S NEW DOMAINS - FIVE PEOPLE TO WATCH
Featuring: James M. Wicks
As Society is changing, so is the business of law. On one hand, there is a growing interest in elder law, because of the graying of Long Island, and on the other, a need to help companies deal with the new world of high-tech.
More and more law firms are adding technology litigation departments to deal with such things as intellectual property, patents, Web sites and domain names involving legal concerns that did not exist a few years ago.
The Mineola law firm of Meltzer, Lippe, Goldstein, & Schlissel, for example, last year expanded and restructured its intellectual property division by bringing in attorney Raymond A. Joao, an expert in patent law, to head the division and Frank Martinez, a specialist in trademark and copyright law. Martinez was a former design patent examiner for the U.S. Patent and Trademark Office in Washington, D.C. They are on the cups of future law.
Were seeing a lot of more high-tech cases than ever before involving patents, patent infringment, domain disputes, trademarks and copyrights. Its an explosive sector of law right now, Joao said. Also, the patent office is amenable to business method patents and software patents. The fact that you can improve on pre-existing patents can allow [more people] to get patents.
The use of businesses and executives using personal computers has meant that the volume of cases has increased dramatically in his field, he added.
Its an industry that people are trying to get in, he said. If you have a computer, you can do it. This area is explosive. Joao is also an electrical engineer and inventor who has been awarded about 10 patents and has about another 40 to 50 patent-pending inventions. He also has an MBA from City University.
HERE JOAO HAS 80 PATENTS
Raymond A. Joao joined Dreier & Baritz LLP in 2001 as Of Counsel to the Firm's intellectual property department. Mr. Joao brings to the Firm an extensive legal, business and engineering background encompassing virtually all aspects of intellectual property, including prosecution of patent applications; reexaminations; preparation of patent opinions; litigation; and counseling clients in the development, management and exploitation of their intellectual property assets.
Mr. Joao is also currently an intellectual property management consultant for various start-up software, telecommunication, Internet and e-commerce companies. He regularly directs new business and intellectual property development efforts; negotiates contracts; drafts license agreements; performs due diligence in mergers and acquisitions; assists in the preparation of business plans, executive summaries and other corporate documents; conducts competitive analysis studies; aids in the formulation of litigation strategies; and assists in capital raising efforts.
Notably, Mr. Joao is the inventor of 10 issued U.S. patents and has over 80 patent pending technologies. Mr. Joao was also a founder of Electroship (N.Y.), Inc. which was formed to exploit certain patent pending technologies of which Mr. Joao was a co-inventor. Electroship (N.Y.), Inc. was acquired by a public company within six months of its formation. Mr. Joao headed Electroship's intellectual property and corporate efforts, as well as the merger and acquisition deal leading up to the merger.
Prior to joining Dreier & Baritz, Mr. Joao was head of the Intellectual Property Department at Meltzer, Lippe, Goldstein & Schlissel, P.C. in Mineola, New York. He was also formerly a partner at Anderson Kill & Olick, P.C. in New York in the Intellectual Property Group. Prior to the commencement of his legal career, Mr. Joao was an electrical engineer with Loral Corporation in the Systems Engineering Group, and prior to that was an engineer with Sperry Corporation.
Mr. Joao obtained a Bachelor of Science in Electrical Engineering in 1982 and a Master of Science in Electrical Engineering in 1984 from Columbia University School of Engineering and Applied Science. He received his law degree in 1990 from St. John's University School of Law. Most recently, in 1999, he obtained a Masters in Business Administration in Finance from Baruch College/City University.
Mr. Joao is admitted to practice before the United States Patent and Trademark Office, the U.S. District Courts for the Southern and Eastern Districts of New York, and the New York State and Connecticut Bars.
EXHIBIT 9 More on the Case of Walking Patents out of I View It and to your home
In the attached documents you will find that Brian submits to Foley and then Foley to USPTO General Appointment of Agents. On one he signs as he should as President of I View it, although not sure why he is on these patents, and on the second he submits himself, with his home address, with no I View It title. Later Foley folly's end up with patent 122&123 going to his home, with no signature as officer of I View It, no other inventors and finally no assignments filed on behalf of I View It. Remember the entrusted overseer of our patent pool is Brian's friend Bill Dick of Foley & Larders. You make the call.
Exhibit 10 Case of the Mismatched File Numbers on filed patent documents aka the cover-up
Note that the filed document has smudges that pick up better on scan on the application number 57103-111, not so bad in and of itself, it is just weird how on the bottom it references 57103-114 and US is written above. Under forensic scan what we have looks bad but we should get this along with all documents, as filed at the office as a comparison. Scanned originals would be best for forensic comparison at no less than 600 dpi color. Remember it is 57103-111 that has Jude disappearing to be replaced by Utley.
The files that were transferred by Brian has smudges and cross outs abundantly throughout his transition from Jude to him as applicant. This looks very scammy.
Exhibit 11 Case of the changing patent title
Here we have evidence that on 6/1/2000 a day before filing to the USPTO a copy of what appears to be my hand notes prior to filing and you again clearly see Jude and Zakirul were the intended inventors. What else this shows is that on June 2, 2000 the name of the application changes to Streaming vs. Providing, a major difference completely against all we had talked about and perhaps limiting us. Who changes the title?
Exhibit 12 Smudges & Fudges on 57013-112 and how to add your name to inventions that were invented without you
Note the smudges on the filing number
Exhibit 13 Case of the very fake fax and the fraud on patent 5865-2 begins
This is a critical piece of evidence in showing how we lose 5865-2 and the fax although it looks so innocent reeks of disaster. First the header is all cut up on the copy from Ray and look at the font used in 01 and 02. Notice the lack of cover page information, I threw in a 3rd and 4th page of this exhibit that is not related but for use as comparison methodology. There is no footer on this cover but there is an incomplete reference number on the lower right side, which typically is not on their fax covers. Note that it is page 1 of a 1 page fax according to the cover, yet the cover asks one to refer to the attached, which would of course make this a 2 page fax which is why we have pages 001 and then 002. But to one skilled in the art the 002 page number at the top is a different font than 001, in fact it is italic type and thus the 0 stands out vs. 0. Not a copy error a font error. Page 1 and 2 have different reference numbers 156067.1 and 199193.1.
This is a critical fraud error as it explains the Case of Missing patent 5865-2.
HERE WE HAVE A BIG PLURAL REGARDING THE APPLICATIONS WHEN ACCORDING TO JOAO THERE IS ONLY ONE AT THIS TIME, HMMMM?
HERE WE HAVE A BIG PLURAL REGARDING THE APPLICATIONS
Taken from page 1
Taken from page 2
Taken from page 2 of comparison
Those are perfectly
scanned and even
Exhibit 14 Case of changing fonts again
The type font from the original copy and the following copys typeset is different, which is quite odd for copies, whose handwriting is this??
These are close-ups on the two supposed copies but copies normally do not have different fonts, nor for that matter do similar documents.
mind you this is supposed to be a copy?
Happens on other applications in this evidence folder and may indicate 2 separate sets of documents were in existence for these patents in 2 different type fonts
Case 15 What was and what is not
Following is a case study in patent document fraud. This document was taken from Joao in the midst of him changing the filings in our back lab and us catching him. What follows is excerpts on part of we gave him and authorized him to file and what he actually ended up filing.
SUMMARY OF THE INVENTION
The present invention provides an apparatus and a method for producing digital images which overcomes the shortcomings of the prior art. The apparatus includes a camera, which can be a conventional print film camera, digital camera and/or digital developing device, which can be any device or collection of devices for developing the image taken by the camera, into an enlarged print film image or a digital image, and an enlarging device, for enlarging the image. A digital camera can also be utilized to obtain the image. If the image is taken with a digital camera, a print image may be obtained from the digital image. The image can then be enlarged. The image may be enlarged without the need for a print set.
The apparatus also includes a computer and associated peripheral devices for performing the various processing routines of the method of the present invention. The apparatus also includes a scanning device, for scanning the print film image or photograph in order to obtain a digital image representation of same.
The print or digital film image, which is obtained by the camera, can be developed by the developing device, and enlarged by the enlarger. The image print may then be scanned by the scanner in order to generate a digital file or other high quality image extension file. A plurality of these digital files can then be stitched together thereby creating a panoramic scene or image.
The computer may be utilized in order to perform touch-up operations on the obtained image or image collection in order to make refinements and/or enhancements thereto. The image can then be converted from a high resolution image compression extension file to a low resolution graphic or video image extension file.
The resulting file may then be processed so that the image represented therein can be displayed and/or posted for display to a host computer or other suitable device.
The above process can be repeated using different photo depths for any of the obtained images, or portions thereof, in order to create areas of higher resolution for closer inspections of these areas at different image depths.
Accordingly, it is an object of the present invention to provide an apparatus and a method for providing enhanced digital images from print or digital images.
It is another object of the present invention to provide an apparatus and a method for producing digital images, from images, which have improved and enhanced resolution.
It is still another object of the present invention to provide an apparatus and a method for producing digital images, from print film images, which are suitable for display and/or downloading to a digital computer, a television, a telecommunications environment, and/or any other communications environment.
It is still another object of the present invention to provide an apparatus and a method for providing a digital image which is characterized by effective image compression subsequent to a stitching operation, thereby avoiding any dramatic loss in image quality.
It is another object of the present invention to provide an apparatus and a method for providing a digital image which disperses with the need to compress the image data.
It is yet another object of the present invention to provide an apparatus and a method for producing digital images which are characterized by high definition resolution, and which are suitable for high definition television, Web television and large, full screen, panoramic internet applications, without loss of resolution upon image magnification or reduction.
It is another object of the present invention to provide an apparatus and a method for producing and transmitting digital images in a network environment which dispenses with the need for plug-in software.
It is still another object of the present invention to provide an apparatus and a method for producing digital images which facilitates high speed file transfer in a network environment and/or in a computer environment.
Other objects and advantages of the present invention will be apparent to those skilled in the art upon a review of the Description of the Preferred Embodiment taken in conjunction with the Drawings which follow.
Exhibit 16 Case of bad math from an engineer and two certified engineers at Foley and Lardner, this is hours before filing, and the inventors have never seen these documents
Now after being corrected on math they file with the USPTO the wrong math again
and then the correspondences
First follows his response for our requesting that investors needed to be notified and that we wanted in writing a risk assessment of any potential liabilities and costs to remedy. But the façade was crumbling, rumors were abounding that these were not the only patents we had but others that these guys might have been writing into a Utleys home. If you understand the moment, caught with their bad math and with missing claims and claims that they to missed the boat and forgot the image applet like they accused Ray first of doing and the camera. So, when we hire them they tell us none of that is in the patents and then they not only miss the boat, they park it in Brian Utleys backyard and title it to him, so as you read this smear campaign understand fully the situation he was in.
OK Now My Reply
OK now Jim Armstrongs Reply and after this you should listen to the tapes of Foleys Follys.
Jims comments in red.
From: Jim Armstrong [mailto:email@example.com]
Sent: Sunday, April 28, 2002 8:44 AM
To: Eliot.firstname.lastname@example.org; Caroline@cprogers.com
Subject: Boehm redlined doc
F F OLEY OLEY & L & LARDNER ARDNER
A T T O R N E Y S A T L A W
777 EAST WISCONSIN AVENUE
MILWAUKEE, WISCONSIN 53202-5367
TELEPHONE (414) 271-2400
FACSIMILE (414) 297-4900
WEST PALM BEACH
email@example.com VIA E-MAIL
August 9, 2000
WRITERS DIRECT LINE
E S T A B L I S H E D 1 8 4 2
A member of GlobaLex with member offices in Berlin, Brussels, Dresden, Frankfurt, London, Singapore, Stockholm and Stuttgart
Mr. Eliot I. Bernstein
Founder and CTO
One Boca Place
2255 Glades Road, Suite 337 West
Boca Raton, Florida 33431
Re: Correspondence and Issues regarding
PCT International Patent Application entitled
System and Method for Providing an Enhanced Digital Image File
Filed: August 2, 2000
Inventors: Bernstein, et al.
Our Reference: 57103/120
Pursuant to your e-mail instructions sent Friday, August 4, 2000, I forwarded a
notebook to you containing a copy of all correspondence relating to the above-referenced
patent filing. Furthermore, pursuant to your request during the telephone conference of
Friday morning with Steve Becker, the following describes what occurred during the
preparation of this application, any errors made in the application, how they were made, what
risks are involved, and how the errors can be corrected.
Before discussing the details, I would like to put things into perspective and
comment on the magnitude of the errors and the extent of their repercussions. I believe that
the errors in the filed specification are of a very minor, technical nature, which can be readily
corrected in the various patent offices in due course, and which will have no negative impact
whatsoever. The errors in the math will not affect our priority claim back to the August 2,
1999, provisional application, because the math examples were not originally in there. As
Steve explained during the Friday teleconference, the worst thing that could happen is that we
could lose the benefit of priority for the mathematical examples for a short period of time,
i.e., from the August 2
filing date to the filing date of a continuation-in-part application
which could be prepared and filed this month, if we decide to do so. In my opinion, the entire
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
situation surrounding these errors has been overstated, and your concerns expressed during the
Friday teleconference are unwarranted.
In order to explain exactly what happened, the following paragraphs set forth a
brief description of the enclosed correspondence surrounding the preparation and filling of the
PCT application, and points out where and why the errors occurred. The numbers below
correspond to the tabs in the correspondence notebook.
1. July 21, 2000, Letter from Steve Becker to Brian Utley
This letter encloses the Zoom and Pan invention materials on which the
above-referenced PCT application is based.
2. July 24, 2000, 4:44 p.m., E-mail from Steve to You and Brian
This e-mail summarizes the recent conversation regarding the zoom and pan
invention, and sets forth our strategy for preparing and filing the application.
3. July 24, 2000, 5:02 p.m., E-mail from Steve to You
This E-mail attached a copy of the previous letter Steve sent to Brian on
July 21, and asked you for any additional comments you may have.
4. July 25, 2000, 7:35 p.m., E-mail from Steve to You and Me
This e-mail just confirms the time for the next teleconference for discussing the
5. July 26, 2000, 3:01 p.m. and 3:06 p.m., Letter from Steve to You and Brian
This letter encloses the first draft of the PCT patent application and the inventor
information sheet. The letter says that Steve will call both you and Brian at 5:00 p.m. Eastern
Time that day.
Note that this first draft includes several blank spaces, question marks, and
comments indicating where Steve thought that additional support was needed.
6. July 27, 2000, 11:43 a.m., Fax from Brian to Steve
This fax, sent from Kinkos in Ogden, Utah, when Brian was on vacation,
encloses the first examples of the mathematical formulas and a single Example that will be
added to the first draft of the application. Note that Brian originally defined the source image
aspect ratio (siar) as the height over the width.
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
7. July 27, 2000, 2:07-3:45 p.m., Fax from Steve to You and Brian
This fax includes only the nine pages of the application that were revised,
including the background section and claims.
8. July 28, 2000, 4:56 p.m., Letter from Steve to You
This letter encloses the second draft of the patent application, which includes
additional disclosure received from Brian. Since Brian was still on vacation, Steve asked you
to make a copy of this letter and draft for Brians review.
Note that in this second draft, that Steves comment on page 13 points to an
inconsistency between the math formulas and examples provided in this draft versus Brians
macro Excel spreadsheet output.
9. July 31, 2000, 8:43 a.m., 9:27 a.m., and 1:45 p.m., E-mails from Brian to
Here, Brian sent Steve three different versions of the imaging math formulas
and examples. Note that the aspect ratio is still being defined as height over width.
10. July 31, 2000, 3:58 p.m., E-mail from Steve to Brian and You
This e-mail acknowledges receipt of Brians three versions of the imaging math
formulas and asks whether the latest e-mail is inclusive of all prior changes. Steve states that
he will now amend the specification of the PCT application based on this latest mathematical
formulas and examples.
11. July 31, 2000, 7:09 p.m., Fax from Steve to You and Brian
Steve faxed you the third draft of the patent application. Steve asked for
comments as soon as possible, but in no event later than 10:00 a.m., Wednesday, August 2,
which is the day that the application had to be filed.
12. August 1, 2000, 7:38 a.m., E-mail from Brian to Steve
This e-mail confirms that the last e-mail included all the changes to the imaging
13. August 1, 2000, 7:42 a.m., E-mail from Brian to Doug
In this e-mail, Brian forwarded the July 31 e-mail to me, including the latest
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
14. August 1, 2000, 8:30 a.m., Copy of Brians Comments
This document shows Brians comments on the second draft of the application.
Brian gave this marked-up version to me when I was at your offices that morning.
15. August 2, 2000, 9:06 a.m., Fax from You to Steve and Me
This document sets forth the changes made to the third draft of the application
by the Iviewit reviewing team, which now included Jim Armstrong. This document was the
basis of our telephone conference from 10:00 a.m. to 3:30 p.m. that day. Note that this is the
first time Jim provided his comments to us. Also note the extent of the comments, which, at
this late stage in the process when the application had to be filed that same day, caused me
some concern. During our teleconference, it became clear that we were revisiting old topics
and decisions we previously made with you and Brian in the previous drafts of the application.
Particularly note the extent of the mark-ups on the imaging mathematics beginning at page 11.
A significant amount of time was spent discussing the particulars of the math formulas
between Brian and Jim, and we all agreed that Brian would modify the math and examples and
send them to me. Note that when the call ended, the source image aspect ratio was still being
defined as height over width (see page 11).
16. August 2, 2000, 5:49 p.m., E-mail from Brian to Me
This e-mail attached the latest modifications to the mathematics and examples
that Brian said he would send me. Note that this is the first time the aspect ratio is defined as
width over height, since, in response to my pointing out the inconsistency between
photography versus computer display aspect ratio conventions, Brian determined that it would
be more consistent to express the math in the patent application in accordance with the
computer display convention. This version of the imaging mathematics is what I used as the
basis for the final draft of the patent application that was filed that night.
17. August 2, 2000, 9:39 p.m., E-mail from Me to Brian (at home) and You
This e-mail contained two versions of the same document, which represent
where I was in the editing process at that time. The first document was in Word version
6.0/95 for Brian to be able to read at home. The second version was in Word 97 as usual.
Note that my e-mail told you and Brian that you could send a copy to Jim if you want.
As you can see, I was fighting the clock since the application had to be on file
before midnight that night, and I had to allow sufficient time to drive to the airport post office
to obtain the filing date. Note that, beginning on page 13 (of the second version), and through
to page 18, the imaging process mathematics and examples are set forth substantially in
accordance with Brians latest revisions. However, the digital example, beginning on page 22,
had not yet been edited to pick up the change in aspect ratio convention. Also note in this
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
draft that independent claim 1 has not yet been changed to make the user interface element a
After additional discussions with both you and Brian that night, you both gave
me the verbal okay to file the application. We obviously did not have time to let all three of
you review it again before it was filed. At that time, it was all I could do to finish making the
changes you requested throughout the day. I did that. I then briefly checked over the final
documents, worked with my foreign filing coordinator to prepare the formal filing papers, and
drove to the airport post office. The PCT and corresponding U.S. patent applications were
properly filed that night.
18. August 3, 2000, 11:55 a.m., E-mail from Me to Brian, You, and Steve
This e-mail simply confirms that the applications were filed last night, and that
copies would be forthcoming.
19. August 3, 2000, 1:35 p.m., E-mail from Brian to Me
This e-mail from Brian, thanking me for the supreme effort to get the job
done, was appreciated.
20. August 3, 2000, 2:47 p.m., E-mail from Me to You and Brian
After being informed that you wanted a copy of the application right away, I
sent this e-mail attaching the Word document for the PCT application as filed. The e-mail
clearly says that the drawings didnt change, which meant that you already had copies of the
drawings from the previous drafts. I could not e-mail the drawings, and I thought since you
already had a fax copy, this would suffice. I also said I would send full copies next week.
This Word document does exactly represent what was filed in the PCT that night.
21. August 4, 2000, 11:34 a.m., Fax from Jim Armstrong to Me, copying You and
This facsimile contains eight pages from the filed PCT application, which have
been marked up to show what Jim believes are either typographical errors or improper formula
expression. This fax was apparently the basis of the telephone call between you, Brian, Sy,
Jim, and Steve on Friday. Each one of these purported errors will be discussed in detail
In your extended teleconference with Steve Becker on Friday, of which I was
not a participant, you made several inaccurate statements, accusations, and remarks regarding
the errors in the application and, in general, the proficiency of Foley & Lardners services.
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
Now that I have had the opportunity to review the tapes of the Friday teleconference, the
patent application, and the application correspondence set forth above, I would like to explain
exactly what errors were made, how they were made, why they were not caught, and what
issues they raise. Although Steve did a masterful job of trying to educate you on the
fundamentals of patent law in an attempt to put the errors in perspective, Steve was not
involved in the preparation of the final draft of the application and so could not be expected to
know how these errors arose.
Discussion of Changes
Please refer to the August 4, 2000, 11:34 a.m., facsimile from Jim Armstrong,
which can be found at tab 21 of the correspondence notebook.
(1) Page 12, line 27
Although this is not an error, and Jim did not mark it as such, I want to point
out that the formula tiw=squareroot (tia*sir) uses the word squareroot instead of the
square root symbol. Either way, this formula is correct, and provides sufficient basis, in my
opinion, to correct subsequent errors in this formula, particularly where they dont make
I do recall Brian mentioning, late Wednesday night, that a square root symbol
was missing. I understood his comment to mean that I used the word squareroot instead of
the square root symbol in this line of the application. I might have told Brian I would fix this
in the final draft, but I probably ran out of time. Nevertheless, this is not an error. In fact, I
am thankful that I did not remove the word squareroot intending to insert a square root
symbol which may have been forgotten in the rush.
(2) Page 13, line 7
The minimum scan density (msd) is defined here as msd = tih/sih (target
image height over source image height). This is mathematically equivalent to tiw/siw
(target image width over source image width), which is apparently what Jim and Brian want it
to be for consistency with the last-minute change in aspect ratio convention. I agree. This
formula can easily be changed to read msd = tiw/siw = tih/sih, particularly because of the
equivalency. It is my opinion that this is a very minor technical change, it should not be
considered an error in any sense of the word, and I dont believe we will encounter any
problems changing it in both the United States Patent and Trademark Office (USPTO) and the
World Intellectual Property Office (WIPO) where the PCT (Patent Cooperation Treaty)
International applications are filed, searched, and, optionally, examined. Recall that the same
patent application was filed as both a PCT and US application Wednesday.
Note that this is the first time anybody pointed out a problem with this equation.
(note: This equation was expressed correctly in the draft that was reviewed because the
aspect ratio was expressed at height over width. This equation became erroneous when the
aspect ratio convention changed and a corresponding change to this equation was not also made)
The same equation appears in the previous drafts which you reviewed, and no reference to
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
correcting this equation appears in Brians latest imaging process mathematical spreadsheet.
Therefore, your accusation that Brian made this change with me, and its still wrong in the
patent, is, itself, wrong.
The best-case scenario, which I predict will occur, is that the USPTO and
WIPO will permit me to make a preliminary amendment to the specification to make this
change. In the worst-case scenario, the USPTO or WIPO will consider the change to be
impermissible new matter, and the equation will have to remain as it was filed. In that case,
there is an extremely remote chance that someone, someday, could argue that the
inconsistency could cause the patent to be invalid for lack of enablement, i.e., that the
specification does not contain a written description of the invention, and of the manner and
process of making and using it, in such full, clear, concise, and exact terms as to enable any
person skilled in the art to which it pertains, or which it is most nearly connected, to make and
use the same, and shall set forth the best mode contemplated by the inventor of carrying out
his invention. (35 U.S.C. § 112, ¶ 1.) However, I highly doubt that such a minor
inconsistency could warrant such a drastic effect, especially since the mathematics itself isnt
(3) Page 13, line 19
For consistencys sake, viw=vwh*1.25 should be changed to
viw=vih*1.25, even though the previous line states that vih and vwh are equal to each
other. Again, I would consider this a minor technical modification to a mathematical example
that is not necessary for validity of the patent. Nevertheless, I think that we will be able to
make this minor correction in both the USPTO and WIPO without any problem or
repercussions. Not only is it simply a more preferred way of stating the same mathematical
value, it is supported in the terminology of Examples 2 and 3. It is also an obvious
inconsistency which would be known to those skilled in the art.
Note that this inconsistency appears in the latest version of Brians mathematical
formula spreadsheet under Example 1, which was essentially cut and pasted from his
spreadsheet into the patent application shortly before it was filed. I did not have time that
night to double-check all of the mathematical formulas.
(4) Page 13, line 23
The square root symbol is missing over the expression 2,560,000/0.8. This
is an oversight on my part. The square root symbol does appear in Brians Excel spreadsheet.
I simply cut and pasted the text from Brians Excel spreadsheet into a Microsoft Word
document. Apparently, when this occurs, the square root symbol disappears. I simply did not
have sufficient time to double-check all of the math.
Foley & Lardner
Mr. Eliot I. Bernstein
August 9, 2000
As mentioned above, I do recall Brian mentioning, late Wednesday night, that a
square root symbol was missing. However, I thought he was referring to the word
squareroot on Page 12, line 27, and not here.
I now see that Jim also discovered this error on page 14 of his marked-up third
draft. I did not see it at the time, because I did not go through, line-by-line, all of Jims
changes to the math since Brian was going to revise it anyway. Furthermore, I could not rely
on all of Jims mark-ups as the basis of the changes, since they appeared to me to essentially
be the mathematical scratchpad he used in trying to understand the invention. It would have
made no sense to follow all of his changes.
(Note: There should have been no need to decipher my notes since all changes were
thoroughly reviewed during our 5 hour conference call. To say that you did not go through
everything line by line completely ignores the fact that a complete review of the
mathematically omissions was performed during our conference call.)
Furthermore, Jim missed other changes that Brian and I caught later that night.
(Note: This is a cheap shot. Everyone on the conference call agreed that the changes
that I made should be made in fact, Doug even praised me by saying Good Catch
when referring to some of the corrections to the improperly expressed math.
Any changes that I missed were no doubt attributable to the last minute change in the
way aspect ratio is defined. It is disturbing to me that a fundamental change in the way
our mathematical implementation of our invention is expressed is made in the 11th hour why?)
Once again, I do not believe that this missing square root symbol error is of a
major concern. I believe that it would be considered a typographical error in the math, which
can easily be corrected in the USPTO and WIPO by a preliminary amendment. Support for
such a preliminary amendment is found at page 12, line 27, where the same formula appears
correctly stated using the word squareroot. Furthermore, any person skilled in the art
would realize that 2,560,000 divided by 0.8 does not equal 1789 as set forth in the description,
but that the square root of such a quantity would make the equation correct.
Again, let me discuss a worst-case scenario. If, on the remote chance that the
USPTO or WIPO determines that the addition of a square root symbol is not a simple
typographical error but instead constitutes new subject matter that cannot be added to the
specification, we would have to determine at that time the proper course of action. First, such
a determination can be appealed if we believe it is warranted. Second, the entire Example 1
can be stricken from the application if we feel that the remainder of the specification provides
sufficient enablement for the claimed invention, and that leaving Example 1 in the
specification without the square root symbol somehow takes away from enablement. Third,
we can file another patent application in both the USPTO and WIPO, with the corrected
formula. This would ensure that we would only lose priority from August 2 to the date of the
filing of the corrected application. Since this mathematical example isnt in the original
priority documents, it cannot be said that we would lose any benefit of priority from the
original provisional applications.
I do not agree with Jims argument that the missing square root symbol makes
the entire patent application so difficult to understand that correction would be needed to apply
the math to create the image.
(Note: The comment that the omission of the squareroot symbol made the patent difficult to
understand was made in reference to the digital image process where the formula on p.18, L.28
does not include reference to a squareroot. P.18 is a discussion of the digital image process; the
formula on P.12, which includes the squareroot, refers to the analog process. Since there are
definite differences in the overall math between digital and analog, it cannot be assumed that
the formula on P.12 can be substituted. As a first time reader of this patent, I thought that
the absense of the squareroot in the formula on P.18 was a fundamental difference in the
approach this confused me until I was able to identify the omission as an error in the formula,
not an intentional deviation from the analog process.)
Steves counter-argument is directly on point: if correct math was required to create
the image, then the August 2, 1999, provisional filing would be essentially worthless
for lack of enablement, because it has no math. I simply do not believe
Constitution of the United States of America Section 8
Title of Invention - System and Method for Fraud on the US Patent Office, Postal Fraud, Business and Commerce Fraud
Cross Reference Applications
Field of invention
Brief summary of the invention
Background of the invention
Flow Chart of Thieves
Proskauer Rose LLP - Kenneth Rubenstein, Raymond Joao Patent Crimes
Exhibit 8 The case of the patent attorney who files patents similar to ideas he learns from his clients
Exhibit 13 Case of the very fake fax and the fraud on patent 5865-2 begins
Case 15 What was and what is not
Exhibit 21 Cleaning up Joaos mess with Foley
Exhibit 34 Case of the fax dated 3/10/1900
Exhibit 24 Case of the lost patent 5865-2
Case 6 5865-2 Folder original and contents
Rays Faxs in the Folder
Fax 3 Part 2
Fax 8 Part 2
Fax 9 Part 2
Also in this folder are the following miscellaneous docs, not sure how they fit in yet.
3/8/99 CD Letter
Folder Creation Document
Proskauer Rose Faxes in this folder
Raymond Hand Notes
We now move to another folder of Joao folly and a whole new scheme of documents unfolds in this folder of nonsense.
Exhibit 25 Kenneth Rubenstein
Proskauer Rose LLP - Chris Wheeler Crimes
Exhibit 4 Utley Resume as submitted by Christopher Wheeler to I View It and Board
Exhibit 19 How to steal an applet, first act, Brian invention at home is 2nd attempt after this is foiled
Foley & Lardner Doug Boehm, Steven Becker Bill Dick + Brain Utley Patent Crimes
Exhibit 1 Case of inventor fraud perpetrated with I View It Counsel and Brian Utley
Exhibit 2 How to claim others ideas as your own
Exhibit 7 Case of Switching Inventors
Exhibit 9 More on the Case of Walking Patents out of I View It and to your home
Exhibit 10 Case of the Mismatched File Numbers on filed patent documents aka the cover-up
Exhibit 11 Case of the changing patent titley
Exhibit 12 Smudges & Fudges on 57013-112 and how to add your name to inventions that were invented without you
Exhibit 14 Case of changing fonts again
Exhibit 16 Case of bad math from an engineer and two certified engineers at Foley and Lardner, this is hours before filing, and the inventors have never seen these documents
Exhibit 20 Cleaning up the mess of Utley Follys with Foley
Exhibit 22 Another case of adding oneself to inventions one did not invent
Exhibit 33 What happens to 57103/101
REAL 3D + RYJO + Brian Utley, Michael Reale and Raymond Hersh Thefts and Miscellaneous Crimes
Exhibit 5 Stealing Intellectual Property Equipment
Exhibit 6 Utley/Reale Police Report
Exhibit 23 Utley Employment Agreement and Non-Compete Excerpts
Exhibit 31 - Encoding Pornography with Female Teenage Employee
Exhibit 32 Employee stock grants without compensation committee review
Crossbow Lender Liabilities
Exhibit 17 Crossbow Disgust letter
Exhibit 18 How to have your son claim someone elses sons ideas when you are an investor in that Company, and by the by, is I View It confidential information Hanks normal diner critter chatter under strict NDA
Goldstein & Lewin
Exhibit 26 Gerald Lewin response to his client starting to use I View It Technologies
Exhibit 3 Timeline of Incidents and allegations, hints and innuendos
Exhibit 29 How not to create an excel sheet
Exhibit 30 What happened on the way to Bankruptcy?
Exhibit 27 Infringers
Exhibit 28 - Endorsements
143rd SMPTE Technical Conference and Exhibition
Possible Enforcement Remedy