Blue Jeans Strikes Back

[Chaon]

Let me know if there is anything that the Audioholic community can do to help, should MC decided to pursue this. I could start charging admission and donate all the proceeds from "Home Theater Night"!
your friend,
Brad

Actually, there are some things that people could do to help. Start looking for printed publications that show products with the same designs as those in the Monster patents, where the publication date is at least one year prior to the patent application date. When those patents were examined at the PTO, the examiner searched for related patents, didn't find anything substantially the same, and let the patent issue. So look in old catalogs, magazines, company brochures, etc.; places that the PTO would not look. Don't limit the search to audio- where else might similar connectors be used?

If the case goes to court, Blue Jeans would likely do this (search for prior art) anyway in conjunction with asserting that the patents are invalid. If it doesn't go to court, any third party could still file a reexamination of any or all of those patents, depending on how good the newly found prior art is. And how much they hate Monster (I had never heard of them until today, and they've already pissed me off)

I don't know this field, but I know a bad design patent when I see one. And I'm thinking that it should not be so hard to find prior art to invalidate D456363 at least. For the others, put your years of audio-addiction to work and find some prior art.

 

[emorphien]

An Audioholics forum Monster takedown! I like it!

 

[advancedcompany]

go for you (for all)

had to join just because of this thread!
i used to work in the audio industry, building high end amps and pre-amps back in the 80's. since then i moved on to other things, and raised/raising a family, went into business (unrelated) and such.
recently my youngest son, 16yrs, has shown a interest in audio, home stereo.
so i too have started to find the joy of a truly good sound system, and together are working on building a system.
reading this thread, and Mr. Kurt Denke responses, both to monster and to the members of this and other forums, i as well had to give a kudos's to Mr. Denke.
i remember when monster came out, and was the cable to use if you were a serious audiophile, and was in the process of buying some just out of old habits.
not any longer..
i am concerned about you speaking in such a open way, on public boards. not being a lawyer, but having to deal in the past with a few case's, im not sure that this is going to be to your best interest if you do end up in litigation.
now if the cost benefit of boosted sales and free advertising out way the dangers, i get it, and it in no way negates your cause.
long winded post, sorry, just want to give my support, and will be looking over what cables, and products we will be buying from you.
good luck,
Vic.

 

[PAW]

Sic 'em Kurt!

If this goes to trial and you set up a defense fund, I'll be happy to contribute. I don't need any cables at the moment but I'll be checking out BJC and Tartan when I do.

To quote dfburrell "Slay the Monster!"

 

[monsterisajoke]

I love stuff like this. I don't know anything about audio/visual other than monster is overpriced marketing fluff. This story is making the rounds as I found the link on a skiing forum of all places. Good for you Kurt

 

[Jack Hammer]

Not to hijack or divert the thread, but the article linked in the thread below basically says what the people at BJC have been telling people for quite a while now, including myself a few years back when I first bought from them.

http://forums.audioholics.com/forums/showthread.php?t=43285

Jack

 

[Logain]

Silly

What all of you need to recognize is that this letter is useless. All of the silly info this guy requested, ummm yeah, he is entitled to none of it.

The letter was sent by Monster to establish notice of the patents, once the letter is received, mission accomplished. Damages can now accrue from the date of the letter.

This guy may have been an insurance litigator, but he is clearly clueless as to IP law. He probably spent days drafting this mess, time which was NOT spent managing his company...he sure showed them didn't he!!...LOL

He basically responded to the letter by requesting discovery, which only happens AFTER a suit is filed. Not to mention the fact, that all of the patent file histories are publicly available (he can get this info himself). Also, it is unlikely that he would EVER get details on licensing in court. Dates that products were used in commerce...LOL...completely irrelevant to patent cases. In essence, this is nothing more than a childish rant which will only encourage Monster to press their claim. If I were Monster's counsel there is no way in hell I would not follow through in filing suit now.

Perhaps this letter is impressive to rubes outside the legal profession that think "that'll show em", but I can tell you this letter exhibits embarrassingly poor judgment which will likely cost this company a lot of money.

 

[Jack Hammer]

Logain, are you a professional IP lawyer or patent lawyer by trade?

Jack

 

[JackT]

Logain, are you a professional IP lawyer or patent lawyer by trade?

Jack

He stayed at a Holiday Inn last night.

 

[Tazmoj]

you GO!

Kurt,

Thank you for fighting these guys, and not rolling over. I used to be a customer of theirs ( before sites like these educated me ) and as of about 18 months ago I became YOUR client. Buying better product for a reasonable price is a great thing!

 

[gene]

What all of you need to recognize is that this letter is useless. All of the silly info this guy requested, ummm yeah, he is entitled to none of it.

The letter was sent by Monster to establish notice of the patents, once the letter is received, mission accomplished. Damages can now accrue from the date of the letter.

This guy may have been an insurance litigator, but he is clearly clueless as to IP law. He probably spent days drafting this mess, time which was NOT spent managing his company...he sure showed them didn't he!!...LOL

He basically responded to the letter by requesting discovery, which only happens AFTER a suit is filed. Not to mention the fact, that all of the patent file histories are publicly available (he can get this info himself). Also, it is unlikely that he would EVER get details on licensing in court. Dates that products were used in commerce...LOL...completely irrelevant to patent cases. In essence, this is nothing more than a childish rant which will only encourage Monster to press their claim. If I were Monster's counsel there is no way in hell I would not follow through in filing suit now.

Perhaps this letter is impressive to rubes outside the legal profession that think "that'll show em", but I can tell you this letter exhibits embarrassingly poor judgment which will likely cost this company a lot of money.

1 post to his name. This smells like a troll to me.

 

[Jack Hammer]

1 post to his name. This smells like a troll to me.

Half the people in this thread have less than 5 posts...

...I don't think we've quite yet gotten to the 201 level: Advanced Flooshing.

Jack

 

[mtrycrafts]

He stayed at a Holiday Inn last night.

Which one. I 'll be sure not to visit that one He got nothing out of it, clueless

 

[mtrycrafts]

.

And? You are one of those know it all shills for that predator company?

 

[mtrycrafts]

I love stuff like this. I don't know anything about audio/visual other than monster is overpriced marketing fluff. This story is making the rounds as I found the link on a skiing forum of all places. Good for you Kurt

Great You probably found it there because this predator Monster sued a ski school of some sort, something like the Monster snowangles or something. So, even skiers know about this predator company. They even go after clothing outfits.
Bankruptcy would be too good for his company. And, that off shore sham holdin may see more action, hopefully.

 

[JackT]

1 post to his name. This smells like a troll to me.

I don't know if he is a troll or not, as this is a topic that seems to have generated a number of new forum participants.

I would be careful at taking his legal analysis as entirely correct, as Kurt's letter has been reference approvingly on volokh.com and instapundit.com, both of which are blogs run by very competent lawyers.

 

[HiDefGuru]

Anyone looked at Noel Lee lately? He kind of resembles a Troll

 

[mtrycrafts]

I don't know if he is a troll or not, as this is a topic that seems to have generated a number of new forum participants.

I would be careful at taking his legal analysis as entirely correct, as Kurt's letter has been reference approvingly on volokh.com and instapundit.com, both of which are blogs run by very competent lawyers.

Thanks.

One site's comment
This seems to be a legal extortion attempt which looks like its going to get enough publicity as to backfire and harm the would be extortionists

The other just links to it.
Aptly stated comment, extortion.

 

[mudrummer99]

What all of you need to recognize is that this letter is useless. All of the silly info this guy requested, ummm yeah, he is entitled to none of it.

The letter was sent by Monster to establish notice of the patents, once the letter is received, mission accomplished. Damages can now accrue from the date of the letter.

This guy may have been an insurance litigator, but he is clearly clueless as to IP law. He probably spent days drafting this mess, time which was NOT spent managing his company...he sure showed them didn't he!!...LOL

He basically responded to the letter by requesting discovery, which only happens AFTER a suit is filed. Not to mention the fact, that all of the patent file histories are publicly available (he can get this info himself). Also, it is unlikely that he would EVER get details on licensing in court. Dates that products were used in commerce...LOL...completely irrelevant to patent cases. In essence, this is nothing more than a childish rant which will only encourage Monster to press their claim. If I were Monster's counsel there is no way in hell I would not follow through in filing suit now.

Perhaps this letter is impressive to rubes outside the legal profession that think "that'll show em", but I can tell you this letter exhibits embarrassingly poor judgment which will likely cost this company a lot of money.

Since you probably just joined to throw a comment on the board, you probably didn't bother to read any of Kurt's responses to this thread. Although he is a former insurance litigator, you missed his comment about some of old colleagues that ARE IP lawyers and how they can't wait to get going on this, I believe he uses the term "hellraisers" when he describes them. I won't wait around for a response since you probably won't bother to read any, but you never know.

Mike

 

[KurtBJC]

Gee, now I'm deeply worried. I'm completely at a crossroads here. Here's my dilemma:

My actions to date have been taken on the advice of an IP litigator who went to MIT and the University of Pennsylvania and has 23 years of IP litigation experience, and whom I personally trust and know to be a flat-out genius. But some guy on this board named Logain, of whom nothing is known, disagrees with his advice. What a tossup. What should I do?

Kurt
Blue Jeans Cable
(yes, I'm out of town...couldn't resist checking in, though...)