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FORUMS Photography Talk by Genre Sports Talk 
Thread started 06 Mar 2014 (Thursday) 13:05
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Peter Wolf / Capstone Photography

 
Scatterbrained
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Oct 29, 2014 12:15 |  #46

kb9tdj wrote in post #17239791 (external link)
Looks like Mr. Wolf has lost his patents:

http://endpatentabuse.​com …ment_On_The_Ple​adings.pdf (external link)

WOOT!


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Oct 29, 2014 12:26 |  #47

kb9tdj wrote in post #17239791 (external link)
Looks like Mr. Wolf has lost his patents:

http://endpatentabuse.​com …ment_On_The_Ple​adings.pdf (external link)

That is the motion Capstone's attorney filed- not a decision on the case.




  
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Oct 29, 2014 12:45 |  #48

Qlayer2 wrote in post #17239911 (external link)
That is the motion Capstone's attorney filed- not a decision on the case.

The decision was filed yesterday as a judgment of the pleadings. It invalidates all three patents . I posted a link to the judgment in another thread, but it requires that you register with the site and pay to download the document.


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Oct 29, 2014 12:56 |  #49

Good to know. Did you buy the document? I'd be interested to know if attorney fee reimbursement is part of the resolution, but not interested enough to pay for it. I assume Capstone will update their website with details soon enough.




  
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Oct 29, 2014 13:02 |  #50

Qlayer2 wrote in post #17239960 (external link)
Good to know. Did you buy the document? I'd be interested to know if attorney fee reimbursement is part of the resolution, but not interested enough to pay for it. I assume Capstone will update their website with details soon enough.

No. I emailed Capstone. ;)


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Oct 29, 2014 14:31 |  #51

I'm feeling prophetic from my post #23 in this thread. I suggested that this patent would fail against a challenge. Too many people think patent issued = patent is valid.


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Oct 29, 2014 14:35 |  #52

We all should be applauding here -- the fact Mike Skelps had the guts and money to challenge it says a lot for Capstone ...




  
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FightForRight
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Oct 29, 2014 14:57 |  #53

BREAKING NEWS: A Federal Judge in the Central District of California has struck down all three patents in the lawsuit in which Capstone Photography is a defendant. The Court ruled "that all three of the patents in suit are directed to patent-ineligible abstract ideas, and lack an inventive concept that would make them patent-eligible applications of those ideas." The case is over and Capstone has prevailed. We are excited to have this issue resolved in our favor! However, the legal expenses are very steep and our small business will take quite a long time to recover from the $100,000 in legal expenses we have incurred. If you feel that we have helped your business or if you simply want to support the side of RIGHT, please consider donating at www.endpatentabuse.com (external link)




  
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FightForRight
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Oct 29, 2014 20:00 |  #54

Here is a link to the Court Order: https://www.eff.org …ment_on_the_ple​adings.pdf (external link)




  
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Oct 29, 2014 20:39 |  #55

Boy, I was shocked to see a ruling so quick. I really expected this was going to run longer but I see the judge wisely decided to go ahead and give a ruling on the 101 motion first. In my opinion that was a testament to how weak these patents were in terms of not being an abstract idea.

My greatest wish is that the USPTO reads this decision and stops issuing these kinds of patents. The courts have been doing a reasonably good job of cleaning up all this nonsense with people patenting "abstract idea blah blah blah on the internet." But it takes time, and in the meanwhile improperly issued patents are used as weapons to stifle competition and extort fees.


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Oct 29, 2014 21:55 |  #56

This is fantastic news! As a photographer for Capstone Photography (external link) I am thrilled to hear about this outcome. I hope that Michael can continue to grow his business in the coming years without the burden of royalties to some schmuck with a patent.

I wonder if other marathon photography companies will follow suit? I do believe MarathonFoto has been paying these royalties among others.


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Oct 29, 2014 23:03 |  #57

monkey44 wrote in post #17240149 (external link)
We all should be applauding here -- the fact Mike Skelps had the guts and money to challenge it says a lot for Capstone ...


^^ AGREED!


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Oct 30, 2014 06:06 |  #58

FightForRight wrote in post #17240698 (external link)
Here is a link to the Court Order: https://www.eff.org …ment_on_the_ple​adings.pdf (external link)

Excellent read- thanks for posting.




  
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Oct 30, 2014 08:26 |  #59

Maybe those companies can recoup those royalty fees now.

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Oct 30, 2014 08:48 |  #60

Does anyone know if this ruling means the ones who paid fees will get it refunded? Might have to go to court to get it, but I sure would if it was me.

I also think Wolfe made some enemies in the photo community just because of his responses on this thread ... telling every one he 'was helping' other photographers - when in fact, he was acting illegally all the time. A lesson for others, that's for certain.




  
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