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Archive 2014 · Peter Wolf / Capstone Photography
  
 
FotoCrazy
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p.2 #1 · p.2 #1 · Peter Wolf / Capstone Photography


kzoockof wrote:
So for photographers that photograph races, I would simply use an existing program to allow for the function of searching and sorting for multiple types of data. With the purchase of that software and its implementation on your website, you are covered by the licensing agreement covered under the purchase of the software.


So why didn't anyone use the claims of my patents before I demonstrated them? No one did. The concepts were there for anyone to use them but NO ONE did until I published my website and then everyone jumped on the wagon.

kzoockof wrote:
The flaw with a "process" patent is that once one person beats it, others can use the same defense and court ruling and counter sue the plaintiff for harassment, especially if you are using the same methods and practices that the successfully won defendant had used.


No problem. Many people have tried to "beat it" but no one has been successful. No prior art has been found and many that tried eventually settled and licensed with us.

kzoockof wrote:
I think it boils down to a person or business hiring a contractor and doing their due diligence. I would never hire a vendor who has a history of frivolous lawsuits. I would never hire, recommend and support the contracting or hiring of a company like Peter Wolf on this basis alone. Why would I want to put my hand into a bee's nest and transact business with a company that I feel is unethical, litigation happy, etc. . . Doing so only invites the potential of being subject to this type of person's or company's passed historical actions -
...Show more

How can you say and accuse me of a person with a "history of frivolous lawsuits"? In each case we went to great effort to settle with an infringer long before a lawsuit was filed. Mr. Skelps from Capstone Photography admitted to hearing from us many years before we filed claims against him. He was advised by his attorneys at the time to ignore our attempted contact. Instead Mr. Skelps willfully continued to infringe on our patents and then when some new patents were issued in 2010, he infringed on those as well. He took business away from us within a few miles from where I live. Those events were thousands of miles from where he lives and he caused us significant hardship and loss of business. Should we simply ignore his willful infringement? What would you have us do? Be reasonable here.

Many people have contacted us and requested to license with us. We offered a reasonable royalty rate and a simple agreement. Many people licensed with us within a week or less. Lawsuits are an absolutely last resort and they cost me as much as a defendant. It is beyond my understanding why anyone would not want to settle these issues outside of court. I suspect pride and arrogance by the defendant have much to do with it. I am simply trying to protect my Intellectual Property and request reasonable royalties for my inventions. Can you truthfully see something wrong with those efforts?

Peter Wolf



Mar 29, 2014 at 06:58 PM
kzoockof
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p.2 #2 · p.2 #2 · Peter Wolf / Capstone Photography


Searching by a number is nothing new. One can search authors, artists, businesses, people, vehicles, cities, etc. . . via the use of number search systems. Many of these searches cross referenced numbers with people, art, photographs, maps, laws, etc. . .

Heck, as a kid in the late 60s and 70s I was able to search professional football player numbers and the search would deliver the player's name, team, position, stats, etc. . .

As much as you like to think your idea brilliant, it has always been available to people, and in fact had been practiced already, is a great and unique idea, it is not. Heck, even Hitler used a similar system of matching photos and names of people to a unique number assigned to said people. As do the police, the FBI and most of our prison systems.

The idea that you were able to convince the frequently lazy patent office to issue you a patent says a lot about the patent office. The fact that you now feel you have a right to sue others over a basic practice that has been used (digitally) for decades and prior to computers for hundreds of years is, in my opinion is unscrupulous.

Now, if you had written a specific code that provides a specific function, that is something that is rightfully patent-able and rightfully enforceable when somebody else copies your code in their production of another software program.

But once again, as long as somebody purchases software that provides for sorting, searching, separating and linking to html "documents" and that software is used on their website for visitors to find images based on the purchased software (when purchasing, you are buying the right to use the software's capabilities that are part of the purchase), then your claim and suit would be against the software manufacturer, not the user of the software if the user has not modified the operations of said software.




Mar 29, 2014 at 08:57 PM
FotoCrazy
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p.2 #3 · p.2 #3 · Peter Wolf / Capstone Photography


kzoockof wrote:
Searching by a number is nothing new. One can search authors, artists, businesses, people, vehicles, cities, etc. . . via the use of number search systems. Many of these searches cross referenced numbers with people, art, photographs, maps, laws, etc. . .


No sense in continuing our exchange since you don't seem to be familiar with what a patent is and how to read it properly. That's ok, I am not a patent lawyer either. It takes them years (typically 8 years or more of college level training) to qualify. Please don't draw conclusions and accuse people of wrong doing about patents without at least some training. You are oversimplifying, misinterpreting and your analogies are way off.

You are using your limited knowledge about patents and then suggesting fixes and making demeaning and hurtful accusations. Kind of like an untrained person giving medical advise. Things are not always as simple as we might thing. Patent law is very complex to be fair for everyone. I am sure from your perspective everything you say makes perfect sense but please recognize that you are not an expert in this field and you should have a little respect for those who are experts. I am not an expert either but I have invented many things.

Did you ever invent something and do you have any patents in your name? If not, then you should be even more respectful of those who have.

Hey, good exchange of ideas just try to be a little more understanding and not so accusatory.

Peter Wolf



Mar 29, 2014 at 10:27 PM
pedwatt
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p.2 #4 · p.2 #4 · Peter Wolf / Capstone Photography


Appears to be the standard patent troll, in a system where the accused has to prove their innocence, which costs a fortune, most will settle. Peter brags of winning many cases, but I willing to bet everyone of those cases have a non disclosure agreement, so did he win, did they settle, did he get $10 or $100k. We will never know.


Mar 29, 2014 at 10:58 PM
FotoCrazy
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p.2 #5 · p.2 #5 · Peter Wolf / Capstone Photography


pedwatt wrote:
Appears to be the standard patent troll,


Where do you get this "Patent Troll" business? Do you know what a Patent Troll is?? Google it and you'll quickly learn I don't qualify as such. Hey, I am just a guy trying to make a living doing what I love - event photography. It's the guys who are trying to rip me off by using my invention to make my life more difficult and take my business away.

I don't brag of winning cases. No one "wins" a lawsuit. It's a painful and expensive process for both parties. Everyone we have taken to court, however, has conceded and settled with us. It doesn't take much to know if someone infringes or not. It's all there in the patent for everyone to see in plain English. Misinformation, pride and stubbornness is what gets a patent infringer in trouble.

FYI infringers can be held accountable for the past six years of infringement and under special circumstances they have to pay three times the damages plus our attorney fees. The reason for that is to discourage patent infringement. The tax laws are even more strict - to discourage tax evasion. You can go to jail for tax fraud. Luckily patent infringement won't land you in jail but it could cost a fortune.

Just like with the IRS it is much better to go to them before they come to you. We will talk to anyone about licensing and offer a very reasonable solution.

Peter Wolf



Mar 29, 2014 at 11:40 PM
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