Monday, December 7, 2009

MPEG - as anti-competitive Monopolistic Patent Pooling Scheme

"Iviewit technologies are currently being utilized by almost every major imaging and video application. These technologies have been at the heart of one of the most fascinating patent stories in the history of the United States and one of the most fascinating crimes ever attempted.
The Iviewit story begins with invention by several inventors working to overcome limitations that were prevalent in early attempts at virtual imaging and low bandwidth video communications.

The true inventors were Eliot I. Bernstein, James F. Armstrong, Jude Rosario, Jeffrey Friedstein, Zakirul Shirajee, Patti Daniels and Matthew Mink.The first spark of invention was in finding a solution for imaging pixelation upon zoom in a low bandwidth environment and utilizing a low resolution file.

In prior art, the user when zooming in virtual images was plagued by pixelation. The iviewit invention in scaled imaging solved for this pixel distortion when zooming in low bandwidth on low resolution, resulting in what is commonly found on digital cameras today and referred to as "digital zoom".

The imaging invention, although discovered in this virtual reality domain has now penetrated every form of digital imaging technology both in hardware and software. The scaled inventions leading to new medical imaging devices, new camera applications, satellite imaging advancements and new zoom television sets as are now offered by Sony.

The second invention for scaled video and often referred to by video technologists and engineers worldwide as a "holy grail" discovery, was the key to unlocking full frame rate, full screen, low bandwidth video as is now found on almost every website worldwide. Scaled video is now embedded in every video player such as the Real Player, QuickTime and Microsoft players. Without this invention video on the Internet, other than postage sized grainy transmissions, would not be possible.

This invention has since transformed the prior art on video content creation and distribution for all forms of video components (i.e. HDTV, Television, DVD, HDDVD) and on almost every digital video/imaging product from videocams, to medical applications, to satellite video and imaging.

The third invention combines scaled video and scaled imaging to form a unique platform of video that can be zoomed into without pixel distortion. The fourth invention was for a remote controlled camera and video applications whereby control of video and imaging inventions from a communication environment could be obtained.Other inventions in digital sound, video and imaging were also discovered around these primary inventions. Patents were filed for the inventions with leading US law firms including Proskauer Rose LLP, Foley and Lardner, Blakely Sokoloff Zafman and Taylor and Meltzer Lippe Goldstein and Schlissel, as well as, leading international law firms around the world.

Or so the shareholders of the companies, Iviewit, thought so.Currently, the United States Patent & Trademark Office, the Federal Bureau of Investigation and the are investigating charges that the law firms herein named have committed fraud against the United States Patent & Trademark Office through a series of fraudulent patent applications with attempt to steal the inventions from the inventors. Similarly, the Institute of Professional Representatives before the European Patent Office (epi) are investigating similar charges of fraud committed by the international legal representatives involved. Multitudes of information regarding the inventions can be found at the iviewit website http://www.iviewit.tv/ that in depth information regarding the investigations and other actions can be found.

The main culprit behind these thefts is the video body, self titled, MPEGLA, LLC and their subsequent license known as MPEG, attempting through a patent pooling scheme, similar to other pooling schemes that have historically been involved in anticompetitive and monopolistic practices. Prior strong arm tactics of patent pools and methods to illegally corner markets and steal inventions have been stopped via the Department of Justice efforts.

Section IV attempts to draw conclusions for antitrust enforcement from the history of patent pooling cases and the economic analysis.

The economic analysis suggests that restrictive licensing terms should not necessarily raise competition concerns if patents are not substitutes for each other. However, the cases reveal that many unlawful patent pooling and cross-licensing arrangement were actually cartel agreements thinly disguised as patent licenses. Such shams should not escape antitrust condemnation even if the patents involved in the arrangement are not substitutes.

Section IV notes that the social return from challenges to weak patents is much higher than the private return and ends with a recommendation that antitrust agencies become more proactive in this area."

Later similar concern is also raised;

"Other arrangements have been shams, in which firms agree to abide by restrictive licensing terms as a means to cartelize an industry. In cases such as U.S. Gypsum the patent was incidental to a larger purpose, which was to impose downstream restraints that eliminated competition." http://elsa.berkeley.edu/users/gilbert/wp/patent_pools100302.pdf.

Antitrust for Patent Pools:

A Century of Policy EvolutionRichard J.Gilbert
October 3, 2002
In the Singer sewing US Supreme Court case, similar to the blocking of Iviewit technologies by MPEGLA, LLC, the U.S. Supreme Court summarized the central competitive issue as follows:
What is claimed here is that Singer engaged in a series of transactions with Gegauf and Vigorelli for an illegal purpose, i.e., to rid itself and Gegauf, together, perhaps, with Vigorelli, of infringements by their common competitors, the Japanese manufacturers.

The Government claims that in this respect there were an identity of purpose among the parties and actions pursuant thereto that in law amount to a combination or conspiracy violative of the Sherman Act.

In the Iviewit case for example, the MPEG codec at the time before invention was incapable of producing a low bandwidth video that could produce a marketable video at internet speeds. The mathematical limitations at bandwidths from 28k-750k produced a horrific video that was not marketable, thus the search for the "holy grail" began for a method to transmit video in this medium that was full screen, full frame rate.

Now the MPEGLA patent pool at the time before the Iviewit inventions was a very small pool with a very small number of patents in the pool and fewer licensees. The pool was begun by a former MIT student and lawyer, Kenneth Rubenstein, who likens himself to the gatekeeper of the pool with his self proclaimed title of patent evaluator for the pool.

The inventors of the technologies, seeing that they had found the grail invention, rushed to get the ideas patented and hired the law firm of Proskauer Rose LLP. A slimy attorney from the firm, named Christopher Clarke Wheeler (recently arrested and convicted for Drunk Driving with Injury ~ Del Ray Beach, FL PD) said he would check if his firm had patent counsel.

A few weeks later he returned and claimed that Kenneth Rubenstein was with the firm in New York and that he was involved in the MPEG patent pool. Wheeler claimed that with Rubenstein's blessing on the inventions, they would be included in the pools and Iviewit and its shareholders would derive royalties from the pool.

Somewhere though, on the way to the patent office, Rubenstein and his band of thieves, decided on a very complicated artifice to defraud the inventors and shareholders and steal the inventions for themselves.

This blog will attempt to expose what these law firms have done in the attempt to steal the inventions and then to attempt to cover up their crimes through manipulation of the legal system that elevates to the highest court in this land. At the same time, these attorneys are under very real federal and international investigations for their crimes.

The only way to escape prosecution will be to manipulate the justice department, the commerce department and the Supreme Court, if they fail, certain federal prison sentences await them.

This blog will cover the crimes and allow for others to post comments relating to their experiences with what appears a corrupt group of patent law firms that has found a way to steal inventions from inventors, disguised as trusted attorneys from leading law firms. Again, the meat of the story and much evidence can be found at www.iviewit.tv where we welcome your comments and any help you may be able to give in bringing these criminals to justice."
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Source of Post
http://patentgate.blogspot.com/2005/12/mpeg-as-anticompetitive-monopolistic.html
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More on this Story at
www.DeniedPatent.com
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Crystal L. Cox
IndustryWhistleblower.com
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