Saturday, January 07, 2006

Attempting to destroy the inventor

In most cases you can concede that an inventor sounds like a sexy job. A job classification that has a caveat, as it is the only private sector job that has the United States Constitution backing it. From "Constitutional Chaos" by Judge Andrew P. Napolino:

"Article 1 Sec 8 specifically lists only eighteen areas of human behavior over
which Congress may legislate, and thus the president may enforce, and the courts
may interpret."

Within such standard issue items as waging war, creating money, regulating interstate and foreign commerce, creating lower courts below the Supreme Court, etc. falls the inventor under Clause 8 which implicitly states:

The Congress shall have Power To ... To promote the Progress of Science
anduseful Acts, by securing for limited Time to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries.
The Constitution clear, that the inventor was to be protected at the highest level by acts of Congress, the Constitution, the courts, including the express authority of the Supreme Court and hosts of federal, state and international authorities and laws. In fact, constitutionally speaking the matter of protecting these rights are direct responsibility of the Supreme Court, as lower courts are not even established until later in the Constitution, assuming that there was method to the ordering.

So why not protect the plumber or the carpenter job? Why is it fundamental to the nation that inventions not be stolen by big business, illegal anti-competitive methods, corrupt lawyers, and corruption in the government, the patent office, the legal system itself or any other body? Who is it that is after the inventor that he/she needs such protections? Why do inventions need to be granted to the true and proper inventor; because without it, your ideas are worthless and you are owned by the king? You are reduced to a subject with no worldly possession including the fruits of your mind. Historically, smart kings rewarded invention to the inventor, with "royalties". Everyone knows that if you steal one invention from one inventor and everyone learns that you have stolen it and claimed it as your own, nobody will bring invention forward again to you. Promotion of progress to the science and arts ends. Any ideas are the kings, so let him invent them.

Even the king of England and English law stated these intellectual property rights years before our Constitution and country was created. These rights are essential to promote invention and so that inventors do not go elsewhere to patent ideas usurping the king. The king thus loses the best inventions to competitors who reward invention with royalty and the thieving king becomes inventorless, save of course his invention in stealing inventors’ ideas and he pays dearly in the end. The loss of a genius idea to a competitor can be devastating financially and economically. Some say that intellectual property rights go as far back as the Bible, where one is not to covet another’s property that G-d has given him, somewhere in the initial 10 laws G-d gave to Moses.

In most cases today, and this is not one of them, inventions are filed for patent, trademark or copyright by lawyers on behalf of their clients. Patents are filed either alone in one country or worldwide. In most cases, the attorneys file these patents in the true and proper inventor’s names (not their own) in the various worldwide patent offices in countries that the inventor wishes to participate. Inventors may argue it out over who invented and patented and idea first, and based on a well established law, either first to file or first to invent, the inventor(s) are rewarded for their efforts. Not quite that easy, you’re not a millionaire yet, for now that you have a patent for an idea, you must monopolize it through proliferation and licensing. This is either cooperative or through litigious patent dispute resolution but either way it is still a long road to monopoly power. A patent is merely a right to monopolize a market based on a novel idea. On the day you receive your patent do not run to the mailbox in anticipation of a check from all those using it. If the invention is a killer app and the edge bloody many will already be using your product by the time you get your patent, you will have to contact them with the good news. Or not so good news.Not many at first will want to pay you, you will have to get licenses and then enforce your property rights. If the playing field is level, even the ma and pa inventor have a shot, albeit long and tedious to get there, once there, the royalties can be "fit for a king".

So what makes the inventions of my life so crazy that people would attempt to violate such sacred ground as Article 1, Section 8 in order to steal them and convert them as their own? Why these inventions were heralded as "holy grail" inventions and just how the grail has destroyed men who swore oath to protect the inventor and have turned them into thieves disguised in legal robes, is the essence of Patentgate. How men entrusted not only to protect the inventor but protect the law violated the both with utter disregard for the inevitable consequences? How they have taken the very fabric of the Constitution and turned it into toilet paper, the very document that they are beholden to uphold, under sworn oath to G-d. I shall further expand on the loss of the soul when one violates such sacred oaths to benefit oneself and how their lives become living hell, as they are exposed of the lowliest of crimes, trying to be someone they are not. How Mozart/Salieri.

Before embarking further into the inventor as one in need of protection, one must first learn that prior to invention, my life was fairly normal, I was extreme but in no way were my friends in any danger nor my wife and children. No one was blowing up the car or trying to force us out of business or forcing us from our home (repeatedly) or ruin our reputations or use unscrupulous methods to uneven the playing field of life to destroy and perhaps kill us. That was the day before invention. Those are actual pictures of our car, not a car bombing scene of Iraq, and it was only the luck of G-d that my wife and children were not in the car when it blew up. By the by, the bombing is under investigation by the Boynton Beach Fire Department and the state fire marshall in Florida and as of this date it has been determined that accelarants were used and that our car was the intended target of the three that blew up. Not only do these suck at stealing patents they are not good murderers.

The day after invention, a series of endless crimes have been committed against the inventors, the companies and the shareholders who hold interests in the Iviewit technologies. Actually, it was the day after we hired accountant Gerald Lewin of Goldstein & Lewin, the law firm of Proskauer Rose LLP (Porksauer in Hebrew) and attorneys Kenneth J. Rubenstein (creator of the anticompetitive monopolistic patent pool MPEGLA) and Christopher Clarke Wheeler (recently convicted in Florida of DUI with injury, some say we have led him to drink). My father had introduced us to his neighbor Lewin and Lewin brought in the firm of Proskauer or Porksauer. Now Lewin had not disclosed, and Wheeler either, that Wheeler had been involved in a prior attempt to abscond intellectual properties from a local Florida businessman and philanthropist, Monte Friedkin. Wheeler and his long time IBM cronies’ Brian Utley and William J. Dick (of Foley and Lardner) had attempted to steal, of all things, mechanical designs for golf mowers. They had planted Utley on the inside of Friedkin's company, Diamond Turf Equipment, and Utley began to attempt to walk the inventions out the door in his own name. Utley used Dick to file the patents in his name without telling Friedkin and Wheeler came in to set up a corporation, Premiere Connection, to funnel the patents into.

All was going according to plan until Friedkin caught them red handed and learned that patent technologies of his company were being funneled into Utley's name and being sent to a different company at Utley's home address. Once busted, Utley refused to return the patents to Friedkin and was fired on the spot (recounted by Friedkin to Iviewit and their attorneys). Friedkin fired Utley who was President of his company DTE and shut the company down, Utley claimed never to have filed the patents in sworn deposition, but in written statements to the Virginia Bar, Dick refuted such and stated that applications were in fact filed with the USPTO. These guys’ depositions, which can be found at, are riddled with lies and perjured statements, contradicting each other constantly and then filing responses to bar complaints against them that further contradicted their sworn depositions. These confrontations in deposition and bar statements have resulted from them being caught trying to steal the Iviewit inventions and from Iviewit learning of their past crimes after catching them. Upon meeting Wheeler, who failed to disclose his prior involvement with Utley or Dick and his part in causing Friedkin to take a several million dollar loss upon closing his company, Wheeler instantly upon seeing the cool as shit inventions, stated that Proskauer or Porksauer might have someone in patents in their New York offices and that he would quickly check and see. Of course, the inventors and businessmen involved trusted the law firm of Proskauer or Porksauer with a New York almost white shoe firm real estate practice and would never have imagined that they would allow criminal or alleged criminal activities of one of their attorneys be covered up. Yet Wheeler's resume fails to list his involvement with Utley or Dick and their loss to Friedkin of intellectual properties and a company. No disclosure, no waiver, hush hush. In fact, Wheeler brings in Utley on a falsified resume stating that Friedkin’s company DTE went on to be a smashing success due to the inventions of Utley. Yes, we trusted Wheeler and Porksauer or Proskauer when they handed us a resume and failed to call Friedkin to run a background when Wheeler was vouching for him as a best friend and claiming he knew his background intimately and they sat on several boards together. Worse yet, as the Iviewit thefts began to unfold we learned further that the boards they sat on together were all in financial ruins and that they were under investigation by states authorities in some of them. For example, the Florida Atlantic University (FAU) red corvette scandal that led to criminal charges against members of the FAU foundation which Utley headed and Wheeler was in charge of finance for. Other philanthropic causes, such as the Florida Philharmonic filed for bankruptcy under their direction. Had Florida Atlantic done a thorough investigation they would have found that under the tutelage of Utley and Wheeler, the foundation was used as their personal account and Wheeler even tried to take a tax deduction for his illegal contribution to the Corvette. Hush Hush.

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