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Thanks AJ.. found this after your first blog post about it. Thanks to everyone as well!
Ok… just trying to help… we’re all in the together. Thanks
Thanks
According to a reputable source of mine. There are reports following the case but some have decided to cover the verdicts of the case based on the Pacer filings. Apparently in the case ChanBond sought damages of ~$82M. Since he wasn’t at the courthouse he was surprised when I said a possible settlement might have been reached since you guys said the jury was dismissed. He was thankful for the heads up and said he was going to reach out to one of the lawyers who was helpful the last contact they had.
He basically said since the docket today includes an order for providing jurors lunch through yesterday, and a “Remark” entry that says in camera documents have been destroyed. Sounds settled to him, but has to be confirmed.
I’ll try and find out more but I’ve said that there is more to the story and he should have a look at our board and possible back door dealings of Carter.
Can someone send me the direct link to this board so I can pass it along to a patent report contact of mine. Trying to get some press.
Does anyone remember how long it took for Alex aria to uplist to Nasdaq? And how long it took for FINRA approval and announcement of uplist?
Cox Spars With Patent Biz Over In-Person Trial Date
Law360 (March 18, 2021, 6:37 PM EDT) -- Cox Communications is looking to push back a May in-person trial against it in Delaware federal court because it contends that it's "highly unlikely" that all participants in the nearly six-year dispute over high-speed networking patents will be vaccinated by then, but the patent-holding company bringing the case is opposing any delay.
In a status report filed Wednesday, Cox Communications Inc. and ChanBond LLC leveled opposing positions on the matter of the consolidated case's May 17 trial date, which was set by U.S. District Judge Richard Andrews last October, a date that was also the result of Cox's efforts to reschedule the case's original trial date of last July.
The case has been simmering in Delaware federal court since 2015, when ChanBond filed a flurry of suits against 12 telecom businesses, including Cox, Atlantic Broadband Group LLC and Comcast Corp., which were consolidated for pretrial purposes in 2017. ChanBond's case against Cox is the first to prospectively come up before a jury.
"ChanBond prefers to go forward with a live, in-person jury trial beginning on May 17," the patent-holding business said Wednesday, adding that it believes the trial can now be conducted safely. "ChanBond understands that the COVID-19 pandemic is not formally over and the safety of jurors, the court and its staff, the witnesses, and all trial participants including counsel is paramount. However, conditions have been improving."
But not improving enough, countered Cox. In fact, by some measures, they are even worse, the cable giant says.
"COVID-19 infection levels, cases, and death rate remain substantially higher now than when this trial was last postponed," Cox argued. The company cited a recent statement from Delaware Chief Justice Collins J. Seitz that announced plans to resume jury trials in June, which Cox said suggested meant that they could not be safely conducted before then.
Amid an ongoing pandemic, Cox added that there was little rush to immediately resolve the case since "as a non-practicing entity that seeks only monetary damages for the asserted patents, ChanBond will suffer no prejudice by an additional short continuance."
In the past, Cox has taken the position that virtual testimony would hurt its case, and on Wednesday, the company pointed to the "significant damages" that ChanBond is seeking in its argument that pandemic-related "factors can have a disproportionate impact on fairness of a trial in the current environment."
If the trial date in its case against Cox is delayed, ChanBond asked Judge Andrews to also schedule its next jury trial, against Comcast, to take place in the fall of this year "to alleviate the harm [of] a second delay of trial."
ChanBond accuses the companies of selling internet connections that infringe patents that ChanBond owns on a method of improving how data is transmitted, namely using multiple, bonded transmission channels, according to the initial complaints.
Cox is also fighting to reopen discovery in order to present new evidence that allegedly shows that ChanBond's attorney "flatly advised his client to conceal documents to gain a litigation advantage." Those documents purportedly showcase an "ongoing struggle over ownership of ChanBond," which Cox says would impact the case, according to Wednesday's status report.
ChanBond called that argument "baseless."
In-person jury trials in patent cases have continued with a curious sputter over the past few months, most notably in Judge Alan Albright's court in the Western District of Texas, which held the first in-person patent trial in the country this year. Last month's trial there led to a $2.2 billion win for another patent-holding company, VLSI Technology LLC, when a jury found that Intel ripped off two of its computer chip patents.
Less dramatically, a federal jury in North Carolina handed a portable solar company more than $10.6 million in damages in a patent case on Monday, following a two-day trial. That case had been initially scheduled for January, but U.S. District Judge Martin Reidinger pushed it to this month, citing the ongoing pandemic.
Representatives for the parties did not respond to a request for comment on Thursday.
The patents-in-suit are U.S. Patent Nos. 7,941,822, 8,341,679 and 8,984,565.
ChanBond is represented by Robert A. Whitman, Mark S. Raskin, John F. Petrsoric, Michael DeVincenzo and Andrea Pacelli of King & Wood Mallesons, Stephen B. Brauerman of Bayard Pal and George T. Shipley of Shipley Snell Montgomery LLP.
Cox is represented by Jennifer Ying and Jack B. Blumenfeld of Morris Nichols Arsht & Tunnell LLP and Michael L. Brody, Saranya Raghavan, Krishnan Padmanabhan, David P. Enzminger, Nimalka Wickramasekera and James C. Lin of Winston & Strawn LLP.
The case is ChanBond LLC v. Atlantic Broadband Group LLC et al., case number 1:15-cv-00842, in the U.S. District Court for the District of Delaware.
--Additional reporting by Lauren Berg, Britain Eakin and Clark Mindock. Editing by Jay Jackson Jr.
https://www.law360.com/articles/1366163/cox-spars-with-patent-biz-over-in-person-trial-date
Thanks for the reply... yea I’m loading more FORW now
Trying to make logical decisions. Own shares in both FORW and TSNP. But I see more value in FORW based on ownership of TSNP warrants. Am I right?
Has anyone been in contact with the inventors?
Hey Tony... haven’t been reading the board much but I’m still around. Share count for me is 6,120,000. Thanks
Haven’t been on the board in a while and I just saw that article that case postponed till next year. And now reading about issues going on in Chanbond/ UOIP. What’s going on?
Law360 (October 14, 2020, 5:26 PM EDT) -- A Delaware federal judge on Tuesday set a patent infringement trial against Cox Communications Inc. for May 2021, after agreeing this summer to postpone the proceeding because of risks posed by the COVID-19 pandemic.
U.S. District Judge Richard Andrews' one-page order included no information beyond setting a new trial date of May 17. At the trial, Cox will be defending itself from allegations that it infringed ChanBond LLC's high-speed networking patents.
Counsel for the parties did not immediately respond to requests for comment Wednesday.
The new trial date comes after Judge Andrews in July agreed to postpone the proceeding at Cox's request. The company had asked for a November trial, saying that by then "the current health crisis will hopefully be under control."
This case was to be the first of 13 related infringement suits filed by ChanBond to go to trial, but Cox's request letter said "a trial conducted under the present circumstances will not provide a bellwether."
"Presenting all witnesses by video, and limiting the number of counsel who can appear live, might substantially impact the trial presentation," Cox said. "Many courts acknowledge that remote testimony impairs a factfinder's ability to judge credibility."
ChanBond responded that it was amenable to delaying the trial, but also that it "comes as no surprise to ChanBond, as Cox and the other defendants have sought to delay trial in these matters since these cases were filed."
In addition to Cox, ChanBond has sued companies including Charter Communications Inc., Time Warner Cable Inc. and Comcast Corp. alleging infringement of the patents in question. The cases were filed in 2015.
Judge Andrews' decision to move the trial to next year comes as judges around the country also continue to delay proceedings to minimize the risk of exposure to the virus.
A West Virginia federal judge last week postponed an eagerly awaited bellwether trial in multidistrict opioid litigation after three drug distributors — McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Drug Corp. — cited fears that in-person court proceedings might trigger "a super-spreader event."
Last month, a Pennsylvania federal judge pushed back a patent infringement jury trial involving Cutsforth Inc. until May 2021, citing the pandemic, while a Massachusetts federal judge in August delayed the start of the first group of parents facing trial in the "Varsity Blues" case.
Two patent judges in Texas who are holding trials have diverged on protocols during the pandemic.
For U.S. District Judge Rodney Gilstrap, who presides over the Marshall, Texas, courthouse in the Eastern District, seeing trial participants' faces is so important that he orders empaneled jurors and attorneys sitting at counsel tables to wear only face shields rather than masks.
U.S. District Judge Alan D. Albright of the Western District's Waco division gives jurors the option of wearing masks or shields, and attorneys at counsel tables in his courtroom can choose whether they wear any face coverings at all.
The patents-in-suit are U.S. Patent Nos. 7,941,822; 8,341,679; and 8,984,565.
ChanBond is represented by Robert A. Whitman, Mark S. Raskin, John F. Petrsoric, Michael DeVincenzo and Andrea Pacelli of King & Wood Mallesons; Stephen B. Brauerman of Bayard Pal; and George T. Shipley of Shipley Snell Montgomery LLP.
Cox is represented by Jennifer Ying and Jack B. Blumenfeld of Morris Nichols Arsht & Tunnell LLP; and Michael L. Brody, Saranya Raghavan, Krishnan Padmanabhan, David P. Enzminger, Nimalka Wickramasekera and James C. Lin of Winston & Strawn LLP.
The case is ChanBond LLC v. Atlantic Broadband Group LLC et al., case number 1:15-cv-00842, in the U.S. District Court for the District of Delaware.
--Additional reporting by Dani Kass, Craig Clough, Katie Buehler, Jeff Overley and Tiffany Hu. Editing by Peter Rozovsky.
https://www.law360.com/articles/1319436/del-judge-delays-cox-ip-trial-until-may-due-to-virus
I figured they would get their continuance. That sucks... oh well... enjoy the summer all!
Thanks Long UOIP
Sorry if it was already posted
Thanks poorboy... I remembered when you reported back when you spoke to him... how time flies!
That’s probably right... I think a lot sold before we were delisted... didn’t want to risk a long long wait
Thanks Long UOIP for the PM! I’m sure GB will be helping out today. good luck all
That’s so sad. He was always upbeat when we PMed each other. good guy!
Sounds great! Thanks
Has anyone heard from Goodbuddy?
Add me on: .004- .01
Thanks for the PM Long.... your hard work is well appreciated!
Amazing find! Long time holder of UOIP... quietly watching the board and waiting to collect. Go UOIP!
Thanks Goodbuddy.... happy to see we’re all safe and healthy enough to be posting.
Hey ladies and gents... haven’t posted in eons but have been long UOIP...I have C amount of shares in UOIP. I watch and read every day. I have full confidence in our team, that too is why I haven’t posted frequently. This is all in the courts and all in the hands of Billy Carter and our capable lawyers. I will continue to follow Pacers and read the board. UOIP
It’s clear to see that UOIP shareholders are still here and will be here to stay in support of our team at trial!
Congress takes a summer break... if all parties agreed, could we just be on a summer break?
I believe you are correct Phil
They’ll get the point if they look into it ... thanks for sending it!
UnifiedOnline not UnitedOnline
I think AJ has other retirement funds saved besides UOIP stock... so $0.10 is all he might need to retire but for folks who don’t already have a nest egg, it’s different. So everyone’s circumstance is different 0.10 might be great for some and for others not so much. But like others have said $0.10 is better than nothing, although I highly doubt we will be getting nothing.
All MM games today... not worried... on with the case... UOIP!
To be acquired, wouldn’t they want all our patents squeaky clean... so that means waiting on the Cisco appeal.
Great thanks!
Cable companies can save money now that DOCSIS 3.1 upgrade is mostly done
Broadband investment happens in cycles—despite what the FCC tells you.
by Jon Brodkin - Jun 14, 2019 4:10pm EDT
A Comcast van in Sunnyvale, California, in November 2018.
Getty Images | Andrei Stanescu
Cable-company spending on network equipment is dropping as major providers like Comcast and Charter finish up their nationwide DOCSIS 3.1 rollouts.
Equipment vendors that sell to cable companies such as Arris/CommScope and Casa Systems are reporting drops in cable-related revenue. Light Reading detailed the situation this week:
Total cable access network-related revenues plummeted 38 percent in Q1 2019, to $275 million, versus the year-ago period, driven by a "strong slowdown" on capacity purchases by MSOs and an ongoing delay in deployments of new distributed access architectures, according to new data from Dell'Oro.
Cable access network spending is known to be lumpy, "but not to this extreme," said Jeff Heynen, Dell'Oro's research director, broadband access and home networking. He said he doesn't recall seeing revenues in this segment of the market reach drop to such a low level since 2013.
He said the trend in reduced Q1 spending can be traced partly to Comcast and Charter Communications, which have all but wrapped up their DOCSIS 3.1 network deployments.
Charter's first-quarter earnings announcement on April 30 said that its "decrease in scalable infrastructure spending was primarily driven by the completion of the rollout of DOCSIS 3.1 technology." Charter, the nation's second-largest home Internet provider after Comcast, said its capital expenditures (excluding mobile) will be $7 billion this year, down from $8.9 billion in 2018.
Comcast's first-quarter earnings report said its cable "capital expenditures decreased 19.4 percent to $1.4 billion in Q1 2019, reflecting a lower level of spending on customer premise equipment and scalable infrastructure." Comcast previously said it finished its DOCSIS 3.1 rollout near the end of 2018.
The upgrade to version 3.1 of DOCSIS (Data Over Cable Service Interface Specification) has helped Comcast and Charter offer gigabit-speed broadband services over standard cable wires. Cable companies will certainly continue investing in their networks and customer equipment, but cable-company suppliers are reporting spending declines.
"[T]he recent, significant declines in capital spending by certain cable providers is having a pronounced impact on Arris," CommScope's first-quarter earnings announcement said, referring to its subsidiary that sells DOCSIS 3.1 equipment and other network gear. ARRIS' first-quarter revenue was $1.38 billion, a drop of 12.4 percent year-over-year.
Separately, Casa Systems CEO Jerry Guo said that Q1 2019 "was one of our toughest quarters" because of "an industry-wide slowdown" in service-provider spending on cable hardwar and "certain of our largest customers redirecting capex to other investments."
Investment not affected by FCC deregulation
The cable-spending decline is no surprise, given that much of the cable companies' capital spending in recent years went toward the one-time upgrade to DOCSIS 3.1. While not surprising to anyone familiar with broadband-upgrade cycles and the multi-year planning that goes into them, the cable-spending decline provides evidence against an argument frequently made by Federal Communications Commission Chairman Ajit Pai.
Pai has repeatedly claimed that his deregulatory policies are causing broadband providers to increase spending on network upgrades, bringing faster Internet speeds and more broadband connections to US customers. Pai was at it again on Monday, claiming that new data from an industry lobby group proves that he is responsible for an increase in broadband-network spending.
"The latest evidence reaffirms that our policies are working," Pai said, attributing a spending increase to the FCC "reducing unnecessary regulatory burdens and cutting red tape that discourages broadband deployment."
Pai didn't mention the declines in cable-network spending. He pointed to data from USTelecom, which says that combined network spending on wireline Internet and mobile broadband increased from $72 billion in 2017 to $75 billion in 2018.
AT&T and Verizon slow investment
USTelecom attributed the increase to companies "rolling out fiber and 5G wireless," saying that Pai's repeal of net neutrality rules in 2017 likely spurred the rise. Pai has previously claimed that ISPs "responded to FCC reforms by deploying fiber to 5.9 million new homes in 2018, the largest number ever recorded."
But about half of those new fiber lines came from a multi-year fiber deployment that AT&T began during the Obama administration. It was the Obama-era FCC that in 2015 required AT&T to deploy fiber to 12.5 million customer locations within four years as part of its approval of the AT&T/DirecTV merger. In other words, Pai and USTelecom are now both claiming that Pai's deregulatory policies caused fiber deployment that was required by the FCC before Pai was the chair.
As AT&T finishes its government-mandated buildout, its fiber deployments will apparently slow down. "That's behind us now," AT&T Communications CEO John Donovan told FierceTelecom in an interview. "We'll continue to invest in fiber but we'll do it based on the incremental, economic case. We're not running to any household target."
AT&T's total capital investment was $5.2 billion in Q1 2019, down from $6.1 billion in Q1 2018.
Similarly to AT&T's multi-year fiber project, the mobile industry's ongoing upgrade from 4G to 5G was planned years in advance and wasn't caused by Pai's policies. Verizon CFO Matt Ellis recently told investors that an FCC decision to prevent cities and towns from charging carriers $2 billion worth of fees would not speed up 5G deployment because Verizon is "going as fast as we can" already. Verizon's total capital spending declined from $2.4 billion in Q1 2018 to $2.0 billion in Q1 2019.
USTelecom, even while claiming the FCC's net neutrality repeal spurred new broadband investment, acknowledged that "many factors affect company investment decisions, such as macroeconomic conditions, technological developments, capital costs, taxes, competitive upgrade cycles, and regulation." Publicly traded ISPs—which are legally required to provide accurate risk-factor information to investors—have admitted that the net neutrality rules didn't harm their broadband investments.
Despite plenty of evidence that FCC policy decisions have little to no impact on broadband-network spending, and the recent discovery that his broadband-deployment data exaggerated growth, Pai this week vowed to continue stripping away regulations that broadband providers don't want to follow. "We'll continue on the same course—full speed ahead," Pai said. "That means getting rid of more unnecessary regulatory burdens and updating more outdated rules so that we can continue to connect more Americans with high-speed broadband and digital opportunity."
https://arstechnica.com/information-technology/2019/06/cable-investment-drops-as-comcast-and-charter-finish-docsis-3-1-rollouts/
Good morning Scruffer!
I have no doubts Mikeyt... With my boatload, I'm sitting back watching the show, waiting for Doc to release the hounds! Patience is a virtue!