Jeffrey Bewkes CEO of Time Warner Inc. Continues to NOT Disclose Massive Shareholder Liability over the Iviewit Stolen Technology and the Blatant NOT HONORED contracts with Time Warner Inc. and Iviewit.
Curtis Lu - Time Warner General Counsel Talks to iViewit in 2010 then Leaves Time Warner Inc. to be the General Counsel for Philip Falcones - Harbinger Capital Partner 's - Lightsquared - Click here for Curtis Lu Conversation with iViewit over the Stolen Technology, the Liability to Time Warner Inc. and More.
" 2009-2010 Recent Communications with Warner Bros et al.
The SEC should note that while there is a long gap in time between the prior Iviewit and Warner Bros et al. communications and contracts, that during the gap I was nevertheless actively pursuing my rights contrary to Smith’s claim that nothing has been done.
Factually, I have given similar information to several state, federal and international investigators, House and Senate Judiciary Committees, the New York Senate Judiciary Committee, many state and federal courts and more over the last several years.
During the gap in time, I was also forced to flee my home several times for my family’s safety, including from death threats from Mr. Brian Utley on behalf of the law firms Proskauer Rose and Foley & Lardner and then from actual Attempted Murder of my family.
Attempted Murder through a Car Bombing of my family minivan in Del Ray Beach, FL., images of the Car Bombing can be found on the www.iViewit.tv homepage.
· March 17, 2009 ~ Hall and I left a message for John Rogovin (“Rogovin”) ~ Executive Vice President and General Counsel @ Warner Bros. Entertainment Inc. with his assistant Ginger Tipton (“Tipton”) to arrange a business meeting to discuss the lawsuit liabilities, patent infringement liabilities, FASB NO. 5 accounting liabilities and regulatory issues that would likely result in Massive Shareholder Liabilities if not quelled, if possible.
· April 23, 2009 ~ Hall and I left a second message for Rogovin with assistant Tipton, as the March 17, 2009 call was not returned although Tipton was aware that urgent time frames were involved.
· April 28, 2009 ~ Hall and I spoke to Rogovin’s office that referred us to Smith. The referral to Smith coming despite his conflicts resulting from his previous involvement in the alleged fraud, the fact that he is a central witness in the matters and the fact that as a lawyer he has multiple legal conflicts of interest, as well as, corporate conflicts in handling the matters he is central too. Yet, these conflicts would not matter unless Smith directly handled the matters, which he then did.
· April 30, 2009 ~ Bernstein spoke to Smith’s assistant Yolanda who claimed that Smith was now tied up in litigation for two weeks and that he would get back with an answer shortly. This delay was despite pressing the need with Yolanda for urgent action on Smith’s part due to the MASSIVE Shareholder liabilities and the need for a twenty-four hour response.
· May 28, 2009 ~ Time Warner Inc. Announces Plan to Separate AOL
http://bx.businessweek.com/america-online/view?url=http%3A%2F%2Fwww.thedeal.com%2Fcorporatedealmaker%2F2009%2F05%2Ftime_warner_aol_timeline.php
o The SEC should note the timing of this announcement with the delays in response by Warner Bros et al.’s Smith to the Iviewit notice of IP infringement liabilities and their involvement in my Federal RICO and ANTITRUST Lawsuit.
o The SEC should instantly ascertain if Warner Bros et al. notified Shareholders and Auditors during these corporate restructurings of the impending and absolute liabilities, to determine if Shareholders were formally noticed of the massive Twelve Count Twelve Trillion Dollar Lawsuit liability and additional patent infringement liabilities.
Further, the SEC must determine if full disclosure by Counsel was concealed, including but not limited to, Smith and Rogovin. Finally, the question further arises of if the liabilities were properly accounted for in the Audited Financials for the separation transactions, where it does not appear to have been.
Obviously, if these material facts regarding massive liabilities were omitted from financial reporting, Shareholders would have Rescissory Rights from the securities fraud by the Officers. As evidenced in the following series of communications, not only is counsel notified and fails to disclose the liabilities but Officers, Directors and Auditors of the companies when contacted regarding the liabilities, all fail to handle the issues as fiducially required by law.
· October 07, 2009 ~ Eliot Bernstein letter to Wayne Smith regarding setting up meeting to discuss matters that could have Catastrophic effect on the Shareholders. Smith already advised by Tipton, per confirmation with Tipton, of the Time Sensitive Nature and the seriousness of the liabilities in relation to their Shareholders.
http://iviewit.tv/CompanyDocs/20091007%20Eliot%20Bernstein%20letter%20to%20Wayne%20Smith%20re%20Warner%20Bros%20AOL%20meeting%20request.pdf
· November 23, 2009 ~ Hall spoke directly with Smith, who claimed to Hall that he was not the best person to handle the matters but that he instead was assembling a team from Warner Bros et al. to discuss the matters and would get back to Hall. Yet, instead of putting a team together, Smith continued handling the matters despite the multiple conflicts.
· November 30, 2009 ~ Hall sent a letter to Smith reviewing their call @
http://iviewit.tv/CompanyDocs/United%20States%20District%20Court%20Southern%20District%20NY/20091201%20Wayne%20Smith%20Fax%20Email%20Demand%20Receipt%20of%20Kevin%20Hall%20Confirmation%20Letter.pdf
· December 02, 2009 ~ Smith response to Hall request for meeting @
http://iviewit.tv/CompanyDocs/20091202%20Wayne%20Smith%20Response%20Warner%20Bros%20to%20Iviewit%20letter%2012-2-09.pdf
o It should be noted by the SEC here, that the above linked exhibit has two attachments from February and March 2002.
Whereby, despite the previously exhibited evidence herein, including but not limited to, Signed NDA’s, Admission of Use and Violation of NDA’s by a Warner Bros. employee and a SIGNED LICENSING AGREEMENT, the letter and the attached letters all attempt to deny these material incontestable facts, facts omitted in annual reports as well.
· December 09, 2009 ~ AOL Time Warner completes split.
http://news.bbc.co.uk/2/low/business/8403302.stm
· December 18, 2009 ~ Hall and Bernstein response to December 02, 2009 Warner Bros. letter @
http://iviewit.tv/CompanyDocs/20091218%20FINAL%20Wayne%20Smith%20Warner%20Bros%20Demand%20Letter36889%20SIGNED%20KRHEIB%20fax.pdf
http://iviewit.tv/CompanyDocs/20091218%20FINAL%20Wayne%20Smith%20Warner%20Bros%20Demand%20Letter%20Cover%20Email.pdf
· December 23, 2009 ~ Warner Bros. Letter from Smith to Iviewit and Bernstein.
http://iviewit.tv/CompanyDocs/20091223%20Warner%20Bros%20Wayne%20Smith%20to%20Bernstein%20Response.pdf
o Note that in this letter Smith claims that,
“Your time-barred claims hinge almost entirely on an internal email written by David Colter on January 15, 2002 - an email he subsequently disavowed and admitted that he had written (and improperly provided you with a copy) only as a personal favor to you.”
This statement attempts to deny that liability claims were based on Multiple Signed NDA’s, Admission of Use by Warner Employees, Admission of Violation of NDA’s by Warner Bros. employees, a SIGNED LICENSING AND SERVICING AGREEMENT, correspondences and notices of an ongoing Federal Lawsuit, etc.
The SEC should not that in my Federal RICO and ANTITRUST Lawsuit both Smith and Calkins are central witnesses and actors directly involved, again conflicting Smith’s involvement in the matter.
Note that Wayne Smith is a licensed and practicing attorney and therefore has additional conflicts of interest and ethical violations under the Attorney Conduct Code, in addition to the Corporate Conflicts of Interest in handling the matters, again where he is directly involved in the alleged crimes described herein.
· December 29, 2009 ~ Hall and I, unclear if Smith had notified Senior Executives and Auditors or concealed the matters in an attempt to bury them despite our letters demand for him to copy all companies Executives, Board, Counsel and Auditors, contacted Warner Bros et al. Officers, Directors and Auditors directly.
The first AOL Inc. spokesperson, returning our call to determine if Smith had contacted them was a one Jerry McKinley (“McKinley”) ~ Sr. Liaison of Executive Escalation at AOL Inc. calling to follow up on earlier messages to Tim Armstrong (“Armstrong”) ~ Chairman and CEO of AOL Inc. and others. A follow up letter to our call with McKinley can be found @
http://iviewit.tv/CompanyDocs/20091231%20Jerry%20McKinley%20AOL%20Inc%20letter%20Re%20Wayne%20Smith%20Warner%20Bros%20response.pdf
o McKinley was then given critical documents expressing the urgent nature of these matters and McKinley was to get back to Hall and me instantly with confirmation that the named Executives, Officers and Auditors from the companies had received the URGENT TIME SENSITIVE documents regarding the liabilities.
McKinley then took a vacation the next day and was unavailable to answer calls despite knowing that the documents had a 24-hour period before we would be notifying the SEC and others of the liabilities, if resolution could not be achieved through sound business discussions and practices.
· December 29, 2009 ~ Hall and Bernstein calls to Time Warner Inc. and Warner Bros. executives.
o Further, I hereby complain that such recent elusive conduct involves the CEO, CFO and General Counsel at Time Warner, Inc., even hiding and dodging professional phone calls, in fact wholly ignoring them, simply to confirm messages and communications were received and seeking responsibly to address the mass of liabilities described herein.
Instead, quite shockingly, both Hall and I were intentionally passed along to extensions whereby the employees refused to give their names and several times just hung up on us.
Then, unidentified employees transferred us to Security personnel, personnel who would claim to be proper members of the company to receive and deliver messages to the Senior Executives regarding the massive potential Shareholder liabilities, yet they too would offer no confirmation of the delivery of the matters to the Executives and several refused to give their proper names or oversight.
o Security for Time Warner instead then took messages with a promise only to deliver the message and since there has been absolutely no call back from Senior Management, Counsel, Outside Counsel or an Auditor since those calls, we presume that avoidance equals concealment.
This stands as additional cause for the SEC to investigate and find out more information regarding the failure to return these calls and address liabilities properly by either Officers, Directors, Auditors, Outside Counsel, etc. and further determine if they have reported the liabilities their offices have been notified about to Auditors and Shareholders.
· January 06, 2010 ~ Phone conversation with Day
o Most amazingly, Wednesday Jan. 6, 2010, I had a Direct Phone conversation with Christopher Day (“Day”) who claimed to be an Assistant General Counsel at AOL, Inc.
The call also involved my business consultant Kevin Hall, Esq. Mr. Day was calling back after Hall and I left urgent voicemails for AOL CEO & COB Armstrong, after McKinley failed to return calls as promised. Mr. Day apparently is also Licensing and Patent counsel for AOL Inc., yet it was unclear on whose behalf Day was acting, as we had left messages for several key officers, including Armstrong and General Counsel Ira Parker (“Parker”) and Day refused to tell us.
o Day also refused to tell us not only who sent him the information and gave him orders to call us back but also refused to disclose what documentation he was mysteriously and anonymously sent and referring to, making it impossible to even confirm the documents he referenced receiving.
o This was most bizarre conduct from an alleged Assistant General Counsel who refused to describe how, who or why the documents and business matters came to him. Yet, it appeared that Day was returning my calls to CEO Armstrong at AOL and stated that he was a direct report to the key management persons we were attempting to reach and assuming liability for the matters.
o Efforts to avoid the liabilities involve actual dodging and hiding by Senior Executives, Officers and Directors from these matters, including but not limited to, the brand new CEO Armstrong and General Counsel at AOL Inc., Parker.
Upon leaving messages for Ira Parker, his assistant returned the call and stated that Parker was on vacation, could not be disturbed despite the PRIORITY situation and would return the call upon his return.
As of this date, I have received no call back from Parker; perhaps he is on extended vacation.
· January 07, 2010 ~ Letter out to AOL Management Regarding Evasive Tactics of Management from Shareholder Liabilities.
o Sent to: Tim Armstrong ~ Chairman and Chief Executive Officer @ AOL Inc. ( tim.armstrong@corp.aol.com ); Artie Minson ~ Chief Financial Officer @ AOL Inc. ( arthur.minson@corp.aol.com ); Jerry McKinley @ AOL Inc. ( mackinleyj@aol.com ); Ira Parker ~ General Counsel and Executive Vice President, Corporate Development @ AOL Inc ( ira.parker@corp.aol.com ); Christopher Day ~ Assistant General Counsel - Patent Litigation, Prosecution, and Licensing @ AOL Inc ( christopherday@corp.aol.com )
January 07, 2010 Letter to CEO, Armstrong at AOL Inc. @
http://iviewit.tv/CompanyDocs/20100110%20Kevin%20Hall%20Letter%20sent%20to%20Tim%20Armstrong%20AOL%20re%20Christopher%20Day%20calls%20to%20eib.pdf
· January 08, 2010 ~ Additional Offer made to AOL Inc. CEO Armstrong thru Assistant General Counsel Christopher Day and Summarizing Notes of Jan. 6, 2010 conversation @
January 08, 2010 Letter of Hall to Bernstein copied to Tim Armstrong, CEO at AOL Inc. and others.
http://iviewit.tv/CompanyDocs/20100108%20Letter%20to%20Tim%20Armstrong%20AOL%20Warner%20Bros.pdf
· January 2010 ~ Calls were again placed to CEO Armstrong and Day by Iviewit and Eliot Bernstein’s Counsel, Marc R. Garber, Esq. (“Garber”) of Flaster Greenberg PC (“Flaster”), Kevin Hall, Esq. and Eliot Bernstein. Counsel Garber left the messages with his personal and business phone numbers for AOL Counsel, Officers, Directors or Auditors to return his call.
Again, not even a return call from AOL to Iviewit Counsel Garber, whereby the failure of Warner Bros. et al. to return calls to our Counsel should send additional red flags to the SEC.
This failure to return calls to Counsel Garber by Warner Bros. et al. counsel and executives regarding matters as serious as this to Shareholders is unheard of, indicating further cause for the SEC to investigate all named parties herein and in the attached Exhibit 1. Investigations by the SEC should include all personal and corporate stock transactions from1999 to Present for all of these executives, including the recent corporate splits.
o Counsel Garber of Flaster left messages with both Armstrong and Day, giving them both a chance to return the calls, as it was already established that Armstrong had direct actual and constructive receipt of correspondences via email and therefore direct knowledge of the impending liabilities to AOL, Inc.
The calls to contact Counsel Garber were not returned as of this date, leading to the filing of this Formal Complaint against Warner Bros et al. The failure of Warner Bros et al. to resolve the issues through sound business discussions and licensing of the technologies with the true and proper inventors, and in fact, instead exhibiting a continued pattern attempting to conceal the liabilities from Shareholders and others with potential liabilities, through establishing materially false record of fact, while transacting volumes of individual and corporate securities, prompted this action to the SEC and others addressed herein.
The timeline and supplementary evidence herein should establish for the SEC and others addressed herein that Smith’s recent claim in his December 23, 2009 communication, already exhibited herein, claiming, “Your time-barred claims hinge almost entirely on an internal email written by David Colter on January 15, 2002 - an email he subsequently disavowed and admitted that he had written (and improperly provided you with a copy) only as a personal favor to you” is both False and Misleading.
False and Misleading in light of the substantial evidence refuting this claim presented and exhibited herein regarding the Binding Contractual relations between Warner Bros et al. and Iviewit. Smith’s statements attempt to dismiss the liabilities as based on a single letter from a Warner Bros. employee and that the claims are somehow time barred.
The SEC and other investigators addressed herein however are presented with a far more complete and truthful picture of the long and contractual relationship between Iviewit and Warner Bros et al.
A relationship based on thousands of pages of documented evidence and legal binding contracts, many with Smith center stage.
The need to DENY the extensively documented and binding contractual relationship that Smith is aware of obviously is an effort to cover up why he and Warner Bros et al. have failed properly to report to Shareholders, Regulators and Auditors these material facts.
Facts that will likely result in Catastrophic Liabilities triggering Rescissory Rights of Shareholders due to fraud, concealment, securities fraud and other violations of law.
The SEC should also note that there are no time-barred claims on patent infringement, especially where the patents remain suspended by the US Patent Office and that the matter of time for Iviewit to file actions for infringement will remain open for Twenty years from the time the patents issue and from time of filing in 1998-2001. "
Source and Full SEC Complaint Against Curtis Lu, Time Warner Inc., Warner Bros., AOL, Intel Corp., Proskauer Rose LLP, MPEG LA and More Click Here.
Showing posts with label Proskauer Rose LLP. Show all posts
Showing posts with label Proskauer Rose LLP. Show all posts
Wednesday, March 2, 2011
Wednesday, February 2, 2011
Proskauer Rose - Kenneth Rubenstein, Warner Bros., Jeffrey Bewkes, MPEGLA LLC named in SEC Complaint
Eliot I Bernstein Iviewit Founder and Inventor
Files SEC Complaint - Will you Ever Hear about it?
Proskauer Rose LLP, MPEG LLC, Illegal Patent Bundling, Warner Bros., Jeffrey Bewkew, Kenneth Rubenstein... and More named in SEC Complaint.
pg 38 Advisory Board Iviewit Information
"" Page 38 – ADVISORY BOARD SECTION “ Kenneth Rubenstein Partner, Proskauer Rose LLP. Mr. Rubenstein is a partner at Proskauer Rose LLP law firm and is the patent attorney for iviewit. He is a registered patent attorney before the US. Patent & Trademark Office. Mr. Rubenstein counsels his clients with respect to the validity and infringement of competitors' patents, as well as prosecutes patent applications.
For the past several years he has worked on the formation of a patent pool, for MPEG-2 technology, involving large consumer electronics and entertainment companies. He is also a former member of the legal staff at Bell Laboratories.
Mr. Rubenstein received his law degree, cum laude, from New York Law School and his Ph.D. in physics from the Massachusetts Institute of Technology where he also graduated with a B.S. Degree.
o The SEC should note here that Rubenstein’s attempt to claim he never heard of Iviewit, including at his deposition, allegedly is due to the massive conflicts of interest that Rubenstein had. If Rubenstein were patent counsel to Iviewit and simultaneously counsel to Warner Bros et al. when he originally opined to Colter, without conflict waivers or disclosure, this obviously would have violated attorney conduct codes and law. Additionally, a false statement in a Private Placement Memorandum violates securities laws.
Additionally, Rubenstein is conflicted with Iviewit his client and the patent pooling scheme and artifice to fraud inventors he has created, MPEGLA LLC, where again he acted as counsel and founder of MPEGLA LLC while also patent counsel to Iviewit, no conflict waivers were gained to protect Iviewit. The conflict here is again obvious where the Iviewit technologies were the single greatest threat to his pools as Iviewit has the dominant technology, which without, the MPEG license would be worthless.
The SEC should note that Rubenstein initially misrepresented himself and Joao as Proskauer Partners to Iviewit, when prior to learning of my inventions they were both with Meltzer. Rubenstein is counsel and sole patent evaluator for MPEGLA LLC now one of the largest infringers of the Iviewit technologies, licensing Warner Bros et al. and thousands of others.
Proskauer, after learning of my technologies value, estimated at a trillion dollars to “priceless” by leading engineers at Real 3D, Inc. and without a patent department at the time in 1998, then rushed to acquire Rubenstein and his Meltzer patent group and control and monetization of the MPEGLA LLC pools.
When the acquisition was complete, Proskauer, my former patent counsel, directly began inuring benefits from the stolen technologies via their new client MPEGLA LLC in their new Intellectual Property department created after learning of my inventions now headed by Rubenstein and other Meltzer partners.
MPEGLA has now tied and bundled my inventions to their pools licensing schemes, converting the royalties from the technologies from Iviewit and through other anticompetitive tactics have kept Iviewit from market in classic RICO and ANTITRUST violations, including violations of Sherman and Clayton, as further defined in my Federal RICO and ANTITRUST Lawsuit exhibited already herein.
o The SEC should note here that Warner Bros et al. and many of those involved directly in these matters are also involved in DVD patent pooling schemes, including but not limited to, DVD6C Patent Pool[9]. Whereby, similar to MPEGLA LLC’s illegal use of my technologies, DVD6C has similarly tied and bundled my technologies to their pools licenses, excluding me from royalties and then inuring royalties from others from my technologies directly from their membership position in the pool.
o The SEC should note that the only Meltzer Intellectual Property attorney not to transfer to Proskauer at the time of acquisition was a one Raymond Joao, who initially with Rubenstein was represented as a Proskauer partner and who took initial patent disclosures with Rubenstein. In 1999-2000, based on early evidence surfacing, Joao allegedly was putting patents into his own name while sabotaging the Iviewit patents.
Upon leaving Iviewit, Joao claimed publically that he had 90+ patents in his name and then went to work for Marc S. Dreier, recently prosecuted and convicted by the SEC for an alleged Ponzi scheme, as further evidenced and discussed later herein.
· February 08, 2002 – Lamont letter to John D. Calkins (“Calkins”) ~ Senior Vice President New Media Business Development of Warner Bros., regarding stock issued to Warner Bros. employees Colter and Thagard for Advisory Board roles they accepted and also regarding their about face and breach of contracts.
http://iviewit.tv/CompanyDocs/20020208%20Lamont%20to%20Calkins%20Warner%20Bros%20Re%20Colter%20and%20Thagard%20Advisory%20Board%20Stock.pdf
· February 20, 2002 – Calkins Letter to Lamont denying IP infringement and contract violations in utter denial of the facts and evidence, including the Signed License and Service Agreement, Signed NDA’s, letters from Warner Bros. employees citing violations of the NDA’s and more, already presented herein.
The SEC should note that opposite of Calkins’ claims in the letter that Iviewit is creating a false record; it is instead Calkins and Smith attempting to create a false and misleading record of fact in the letter opposite of the facts.
http://www.iviewit.tv/CompanyDocs/20020220%20Calkins%20Letter%20to%20Lamont%20Warner%20Bros%20Wayne%20Smith.pdf
· February 27, 2002 – Lamont to Calkins about Warner Bros. Breach of Contracts, the SEC should note that while Lamont relies on the NDA, the February 15, 2001 SIGNED LICENSING AGREEMENT, illustrated above, also has strong language about IP rights concerning the Iviewit technologies that also are violated.
Also, take note that at this time in 2002, Warner Bros et al. knew of the breaches and formally were notified by Iviewit at that time of such breaches, therefore they should have begun accounting for and disclosing the IP Liabilities at this time in their accounting reports, if not earlier according to FASB accounting rules.
http://iviewit.tv/CompanyDocs/20020227%20Lamont%20to%20Calkins%20Warner%20Bros%20Breach%20more.pdf
· March 05, 2002 – Smith letter to Lamont denying IP infringement and contract violations in utter denial of the facts and evidence, including the Signed License and Service Agreement, Signed NDA’s, letters from Warner Bros. employees citing violations of the NDA’s and more, already presented herein.
http://www.iviewit.tv/CompanyDocs/20020305%20Wayne%20Smith%20Warner%20Bros%20Letter%20to%20Lamont%20Calkins.pdf
· November 20, 2002 - April 15, 2002 Letter by Lamont to Rubenstein Regarding Conversations with Warner Bros et al. presented to Rubenstein at his November 20, 2002 Deposition as already discussed herein.
http://iviewit.tv/CompanyDocs/Kenneth%20Rubenstein%20Deposition%20with%20Exhibits%20CERT.pdf
Pages 3-9
o Please note that the correspondence exhibited above refers to a notification issued to Warner Bros. at that time, which provided Warner Bros et al. further notice at that time that Cease and Desist letters and threatened litigation would be forthcoming regarding the technology infringements. Warner Bros et al. already was given notice of Breach of Contracts regarding the Intellectual Properties in prior communiqués exhibited and these letters certainly cite specific liabilities Warner was aware of going forward.
Liabilities exist for Warner Bros et al. for their involvement in the alleged criminal RICO and ANTITRUST activities initially discovered from information partially uncovered by Warner Bros et al. in 2001, as they were on the verge of investing $25 Million Dollars of capital to my companies.
When doing their due diligence on a $12 Million Dollar Private Placement with Wachovia Securities, corporate and intellectual property frauds were uncovered, including discoveries by Smith regarding the Proskauer/Rubenstein/Joao filed patents and Calkins discovered initial evidence of corporate and bankruptcy frauds.
At that time, Warner Bros et al. counsel, including Smith, employees and personnel became aware of frauds relating to both the patents filed with the US Patent Office and additional corporate fraud, additional information regarding similar corporate frauds was also being unearthed at that time in an audit being conducted by Arthur Andersen (“Andersen”) which will be discussed further herein. This information of what Smith and Calkin’s had discovered was relayed to Iviewit by Colter on behalf of both Smith and Calkins as rational for not going forward on the Private Placement investment.
Colter relayed that Warner Bros et al. uncovered fraud, including fraudulent statements made by Proskauer Rose and Foley & Lardner, former Iviewit counsel, regarding statements made in the Wachovia Private Placement whereby the bankruptcy and lawsuits were not disclosed that were later discovered. The Private Placement Memorandum completed by, billed for and circulated to potential Iviewit investors, including Warner Bros et al., by Proskauer.
The Fraudulent statements by counsel and others contained in the Wachovia Private Placement, distributed for capital investment is cause for further SEC investigations of these criminal and SEC violations. Further questions arise as to Wachovia’s actions once they too were aware of the Fraud.
Per Colter, Warner Bros et al. and Smith uncovered Intellectual Property Frauds involving fraudulent oaths to the US Patent Office and Worldwide Patent Authorities, which has in part led to suspension of my Intellectual Properties by the US Patent Commissioner pending investigations by the US Patent Office and the Federal Bureau of Investigation.
This series of events led to further uncovering Patent Fraud by my former counsel Proskauer, Foley and Meltzer and others that are subject to several state, federal and international ongoing investigations and legal actions.
Investigations now include one by Harry I. Moatz (“Moatz”), Director of the United States Patent & Trademark Office – Office of Enrollment and Discipline (“OED”), charged with oversight of the Federal Patent Bar and patent attorney criminal issues. Moatz confirmed that W. Palm Beach FBI Special Agent, Stephen Lucchesi had joined his investigation of FRAUD ON THE UNITED STATES PATENT AND TRADEMARK OFFICE allegedly committed by attorneys registered with the Federal Patent Bar.
Moatz also directed me to file claims of Fraud on the USPTO with the Commissioner of the US Patent Office that resulted in the exhibited herein patent suspensions. Moatz assembled a team of Patent Office Officials to aid me in getting the Intellectual Properties ready for suspension while investigations proceeded, as he removed all prior counsel from access to the IP.
Amazingly, the patent office initial information which led to suspension proved that materially false information on the patents was not only given to the US Patent Office but that similar false information was given by Proskauer, Foley and Meltzer to Wachovia Securities for inclusion into the Private Placement Memorandum.
Per Colter, Calkin’s had found fraud involving a fraudulent billing lawsuit against the Iviewit companies by counsel Proskauer.
Prior to Calkin’s information Iviewit corporate officers, directors and management did not know about such lawsuit, except those now charged with the RICO and ANTITRUST crimes and therefore it was not disclosed by Proskauer or Iviewit Accountants to Wachovia Securities for their due diligence and therefore not reflected in the Private Placement, further false statements in a securities document.
At the time, I retained independent counsel, Caroline Prochotska Rogers, Esquire to investigate the corporate and patent fraud allegations and it was confirmed that there was a bankruptcy filing and lawsuit that were not disclosed to Wachovia or Iviewit’s Board and Management that were not part of the conspiratorial efforts.
It was later learned that the companies sued by Proskauer were companies fraudulently set up by former counsel Proskauer and had stolen Intellectual Properties in them, this was learned from information discovered directly from the US Patent Office OED Investigations.
Whereby, Arthur Andersen on or about this time, while auditing the Iviewit companies for the largest investor Crossbow Ventures of West Palm Beach Florida, whose investment funds were two-thirds SBA SBIC funds, found identical and similarly named companies to the Iviewit companies.
The Fraud involving the stolen Small Business Administration Funds is under ongoing investigation with the SBA Inspector General’s office, the SEC through actions involving the Boca Raton Police Department (“Boca PD”) to be discussed in detail herein and other investigators.
Per Colter, Smith discovered Fraud involving Kenneth Rubenstein, a Proskauer Rose law firm partner and sole patent evaluator for one of the largest infringers and criminal suspects in my Federal RICO and ANTITRUST Lawsuit and this was the supposed reason he want Rubenstein to re-opine.
The SEC should note here that in addition to the US Patent Office OED investigation of Rubenstein, Rubenstein also is under investigation with other attorneys, including Joao, all ordered for investigation by unanimous consent of Five Justices of the New York Supreme Court Appellate Division First Department.
Investigations ordered for “Conflicts of Interest and the Appearance of Impropriety” when a Proskauer partner, Steven C. Krane, violated public office rules at the New York Supreme Court Appellate Division First Department – Departmental Disciplinary Committee.
Krane caught handling Iviewit/Proskauer complaints, in order to block the complaints against his partner Rubenstein and his firm Proskauer, concealing the massive conflict he had as an Officer of the First Department Disciplinary Committee and other conflicts from other ethical public office positions he maintains in New York, while remaining a Proskauer partner.
After discovery of the alleged Intellectual Property fraudulent filings, Iviewit learned later that Smith, IP counsel for Warner Bros., was now working with Rubenstein who was Iviewit’s former IP counsel, MPEGLA counsel and Warner Bros. counsel.
Whereby, upon Smith’s request for Rubenstein to re-opine, Rubenstein claimed he was conflicted with Warner Bros. et al. and Iviewit and therefore could not opine, including even to reiterate his prior opinion, as already evidenced herein.
Whereby Warner Bros. et al. then breached their contracts and began illegally using and licensing the technologies to others in violation of the Binding Signed Agreements.
The DVD6C, MPEGLA LLC and other patent pooling schemes, where Warner Bros. and Proskauer are major participants[10], for example in the DVD6C pool which are managed and monetized by Warner Bros., Proskauer and Rubenstein.
The pooling schemes are alleged to be merely artifices to STEAL INVENTIONS FROM INVENTORS in violation of multiple Antitrust laws and have illegally precluded me from market in classic RICO and ANTITRUST activities, including death threats and a car bomb.
The Patent Pooling Schemes that Warner Bros. is directly involved in and inuring benefit from are also using the technologies in violation of Signed and Binding Contracts and Licensing Agreements, admittedly.
Yet, since that time Warner Bros. have also excluded Iviewit from market tying and bundling the technologies in their licensing schemes, again in classic RICO and ANTITRUST activities and not only failed to pay Iviewit royalties but have failed to account for the 10 years of knowing infringement and the Massive Liabilities to Shareholders that mounts daily. ""
Click Here for Source of Document and Full SEC Complaint
More on the Viewit Stolen Patent at
www.DeniedPatent.com and www.Iviewit.TV
Posted by Crystal L. Cox
Ivestigative Blogger
Files SEC Complaint - Will you Ever Hear about it?
Proskauer Rose LLP, MPEG LLC, Illegal Patent Bundling, Warner Bros., Jeffrey Bewkew, Kenneth Rubenstein... and More named in SEC Complaint.
pg 38 Advisory Board Iviewit Information
"" Page 38 – ADVISORY BOARD SECTION “ Kenneth Rubenstein Partner, Proskauer Rose LLP. Mr. Rubenstein is a partner at Proskauer Rose LLP law firm and is the patent attorney for iviewit. He is a registered patent attorney before the US. Patent & Trademark Office. Mr. Rubenstein counsels his clients with respect to the validity and infringement of competitors' patents, as well as prosecutes patent applications.
For the past several years he has worked on the formation of a patent pool, for MPEG-2 technology, involving large consumer electronics and entertainment companies. He is also a former member of the legal staff at Bell Laboratories.
Mr. Rubenstein received his law degree, cum laude, from New York Law School and his Ph.D. in physics from the Massachusetts Institute of Technology where he also graduated with a B.S. Degree.
o The SEC should note here that Rubenstein’s attempt to claim he never heard of Iviewit, including at his deposition, allegedly is due to the massive conflicts of interest that Rubenstein had. If Rubenstein were patent counsel to Iviewit and simultaneously counsel to Warner Bros et al. when he originally opined to Colter, without conflict waivers or disclosure, this obviously would have violated attorney conduct codes and law. Additionally, a false statement in a Private Placement Memorandum violates securities laws.
Additionally, Rubenstein is conflicted with Iviewit his client and the patent pooling scheme and artifice to fraud inventors he has created, MPEGLA LLC, where again he acted as counsel and founder of MPEGLA LLC while also patent counsel to Iviewit, no conflict waivers were gained to protect Iviewit. The conflict here is again obvious where the Iviewit technologies were the single greatest threat to his pools as Iviewit has the dominant technology, which without, the MPEG license would be worthless.
The SEC should note that Rubenstein initially misrepresented himself and Joao as Proskauer Partners to Iviewit, when prior to learning of my inventions they were both with Meltzer. Rubenstein is counsel and sole patent evaluator for MPEGLA LLC now one of the largest infringers of the Iviewit technologies, licensing Warner Bros et al. and thousands of others.
Proskauer, after learning of my technologies value, estimated at a trillion dollars to “priceless” by leading engineers at Real 3D, Inc. and without a patent department at the time in 1998, then rushed to acquire Rubenstein and his Meltzer patent group and control and monetization of the MPEGLA LLC pools.
When the acquisition was complete, Proskauer, my former patent counsel, directly began inuring benefits from the stolen technologies via their new client MPEGLA LLC in their new Intellectual Property department created after learning of my inventions now headed by Rubenstein and other Meltzer partners.
MPEGLA has now tied and bundled my inventions to their pools licensing schemes, converting the royalties from the technologies from Iviewit and through other anticompetitive tactics have kept Iviewit from market in classic RICO and ANTITRUST violations, including violations of Sherman and Clayton, as further defined in my Federal RICO and ANTITRUST Lawsuit exhibited already herein.
o The SEC should note here that Warner Bros et al. and many of those involved directly in these matters are also involved in DVD patent pooling schemes, including but not limited to, DVD6C Patent Pool[9]. Whereby, similar to MPEGLA LLC’s illegal use of my technologies, DVD6C has similarly tied and bundled my technologies to their pools licenses, excluding me from royalties and then inuring royalties from others from my technologies directly from their membership position in the pool.
o The SEC should note that the only Meltzer Intellectual Property attorney not to transfer to Proskauer at the time of acquisition was a one Raymond Joao, who initially with Rubenstein was represented as a Proskauer partner and who took initial patent disclosures with Rubenstein. In 1999-2000, based on early evidence surfacing, Joao allegedly was putting patents into his own name while sabotaging the Iviewit patents.
Upon leaving Iviewit, Joao claimed publically that he had 90+ patents in his name and then went to work for Marc S. Dreier, recently prosecuted and convicted by the SEC for an alleged Ponzi scheme, as further evidenced and discussed later herein.
· February 08, 2002 – Lamont letter to John D. Calkins (“Calkins”) ~ Senior Vice President New Media Business Development of Warner Bros., regarding stock issued to Warner Bros. employees Colter and Thagard for Advisory Board roles they accepted and also regarding their about face and breach of contracts.
http://iviewit.tv/CompanyDocs/20020208%20Lamont%20to%20Calkins%20Warner%20Bros%20Re%20Colter%20and%20Thagard%20Advisory%20Board%20Stock.pdf
· February 20, 2002 – Calkins Letter to Lamont denying IP infringement and contract violations in utter denial of the facts and evidence, including the Signed License and Service Agreement, Signed NDA’s, letters from Warner Bros. employees citing violations of the NDA’s and more, already presented herein.
The SEC should note that opposite of Calkins’ claims in the letter that Iviewit is creating a false record; it is instead Calkins and Smith attempting to create a false and misleading record of fact in the letter opposite of the facts.
http://www.iviewit.tv/CompanyDocs/20020220%20Calkins%20Letter%20to%20Lamont%20Warner%20Bros%20Wayne%20Smith.pdf
· February 27, 2002 – Lamont to Calkins about Warner Bros. Breach of Contracts, the SEC should note that while Lamont relies on the NDA, the February 15, 2001 SIGNED LICENSING AGREEMENT, illustrated above, also has strong language about IP rights concerning the Iviewit technologies that also are violated.
Also, take note that at this time in 2002, Warner Bros et al. knew of the breaches and formally were notified by Iviewit at that time of such breaches, therefore they should have begun accounting for and disclosing the IP Liabilities at this time in their accounting reports, if not earlier according to FASB accounting rules.
http://iviewit.tv/CompanyDocs/20020227%20Lamont%20to%20Calkins%20Warner%20Bros%20Breach%20more.pdf
· March 05, 2002 – Smith letter to Lamont denying IP infringement and contract violations in utter denial of the facts and evidence, including the Signed License and Service Agreement, Signed NDA’s, letters from Warner Bros. employees citing violations of the NDA’s and more, already presented herein.
http://www.iviewit.tv/CompanyDocs/20020305%20Wayne%20Smith%20Warner%20Bros%20Letter%20to%20Lamont%20Calkins.pdf
· November 20, 2002 - April 15, 2002 Letter by Lamont to Rubenstein Regarding Conversations with Warner Bros et al. presented to Rubenstein at his November 20, 2002 Deposition as already discussed herein.
http://iviewit.tv/CompanyDocs/Kenneth%20Rubenstein%20Deposition%20with%20Exhibits%20CERT.pdf
Pages 3-9
o Please note that the correspondence exhibited above refers to a notification issued to Warner Bros. at that time, which provided Warner Bros et al. further notice at that time that Cease and Desist letters and threatened litigation would be forthcoming regarding the technology infringements. Warner Bros et al. already was given notice of Breach of Contracts regarding the Intellectual Properties in prior communiqués exhibited and these letters certainly cite specific liabilities Warner was aware of going forward.
Liabilities exist for Warner Bros et al. for their involvement in the alleged criminal RICO and ANTITRUST activities initially discovered from information partially uncovered by Warner Bros et al. in 2001, as they were on the verge of investing $25 Million Dollars of capital to my companies.
When doing their due diligence on a $12 Million Dollar Private Placement with Wachovia Securities, corporate and intellectual property frauds were uncovered, including discoveries by Smith regarding the Proskauer/Rubenstein/Joao filed patents and Calkins discovered initial evidence of corporate and bankruptcy frauds.
At that time, Warner Bros et al. counsel, including Smith, employees and personnel became aware of frauds relating to both the patents filed with the US Patent Office and additional corporate fraud, additional information regarding similar corporate frauds was also being unearthed at that time in an audit being conducted by Arthur Andersen (“Andersen”) which will be discussed further herein. This information of what Smith and Calkin’s had discovered was relayed to Iviewit by Colter on behalf of both Smith and Calkins as rational for not going forward on the Private Placement investment.
Colter relayed that Warner Bros et al. uncovered fraud, including fraudulent statements made by Proskauer Rose and Foley & Lardner, former Iviewit counsel, regarding statements made in the Wachovia Private Placement whereby the bankruptcy and lawsuits were not disclosed that were later discovered. The Private Placement Memorandum completed by, billed for and circulated to potential Iviewit investors, including Warner Bros et al., by Proskauer.
The Fraudulent statements by counsel and others contained in the Wachovia Private Placement, distributed for capital investment is cause for further SEC investigations of these criminal and SEC violations. Further questions arise as to Wachovia’s actions once they too were aware of the Fraud.
Per Colter, Warner Bros et al. and Smith uncovered Intellectual Property Frauds involving fraudulent oaths to the US Patent Office and Worldwide Patent Authorities, which has in part led to suspension of my Intellectual Properties by the US Patent Commissioner pending investigations by the US Patent Office and the Federal Bureau of Investigation.
This series of events led to further uncovering Patent Fraud by my former counsel Proskauer, Foley and Meltzer and others that are subject to several state, federal and international ongoing investigations and legal actions.
Investigations now include one by Harry I. Moatz (“Moatz”), Director of the United States Patent & Trademark Office – Office of Enrollment and Discipline (“OED”), charged with oversight of the Federal Patent Bar and patent attorney criminal issues. Moatz confirmed that W. Palm Beach FBI Special Agent, Stephen Lucchesi had joined his investigation of FRAUD ON THE UNITED STATES PATENT AND TRADEMARK OFFICE allegedly committed by attorneys registered with the Federal Patent Bar.
Moatz also directed me to file claims of Fraud on the USPTO with the Commissioner of the US Patent Office that resulted in the exhibited herein patent suspensions. Moatz assembled a team of Patent Office Officials to aid me in getting the Intellectual Properties ready for suspension while investigations proceeded, as he removed all prior counsel from access to the IP.
Amazingly, the patent office initial information which led to suspension proved that materially false information on the patents was not only given to the US Patent Office but that similar false information was given by Proskauer, Foley and Meltzer to Wachovia Securities for inclusion into the Private Placement Memorandum.
Per Colter, Calkin’s had found fraud involving a fraudulent billing lawsuit against the Iviewit companies by counsel Proskauer.
Prior to Calkin’s information Iviewit corporate officers, directors and management did not know about such lawsuit, except those now charged with the RICO and ANTITRUST crimes and therefore it was not disclosed by Proskauer or Iviewit Accountants to Wachovia Securities for their due diligence and therefore not reflected in the Private Placement, further false statements in a securities document.
At the time, I retained independent counsel, Caroline Prochotska Rogers, Esquire to investigate the corporate and patent fraud allegations and it was confirmed that there was a bankruptcy filing and lawsuit that were not disclosed to Wachovia or Iviewit’s Board and Management that were not part of the conspiratorial efforts.
It was later learned that the companies sued by Proskauer were companies fraudulently set up by former counsel Proskauer and had stolen Intellectual Properties in them, this was learned from information discovered directly from the US Patent Office OED Investigations.
Whereby, Arthur Andersen on or about this time, while auditing the Iviewit companies for the largest investor Crossbow Ventures of West Palm Beach Florida, whose investment funds were two-thirds SBA SBIC funds, found identical and similarly named companies to the Iviewit companies.
The Fraud involving the stolen Small Business Administration Funds is under ongoing investigation with the SBA Inspector General’s office, the SEC through actions involving the Boca Raton Police Department (“Boca PD”) to be discussed in detail herein and other investigators.
Per Colter, Smith discovered Fraud involving Kenneth Rubenstein, a Proskauer Rose law firm partner and sole patent evaluator for one of the largest infringers and criminal suspects in my Federal RICO and ANTITRUST Lawsuit and this was the supposed reason he want Rubenstein to re-opine.
The SEC should note here that in addition to the US Patent Office OED investigation of Rubenstein, Rubenstein also is under investigation with other attorneys, including Joao, all ordered for investigation by unanimous consent of Five Justices of the New York Supreme Court Appellate Division First Department.
Investigations ordered for “Conflicts of Interest and the Appearance of Impropriety” when a Proskauer partner, Steven C. Krane, violated public office rules at the New York Supreme Court Appellate Division First Department – Departmental Disciplinary Committee.
Krane caught handling Iviewit/Proskauer complaints, in order to block the complaints against his partner Rubenstein and his firm Proskauer, concealing the massive conflict he had as an Officer of the First Department Disciplinary Committee and other conflicts from other ethical public office positions he maintains in New York, while remaining a Proskauer partner.
After discovery of the alleged Intellectual Property fraudulent filings, Iviewit learned later that Smith, IP counsel for Warner Bros., was now working with Rubenstein who was Iviewit’s former IP counsel, MPEGLA counsel and Warner Bros. counsel.
Whereby, upon Smith’s request for Rubenstein to re-opine, Rubenstein claimed he was conflicted with Warner Bros. et al. and Iviewit and therefore could not opine, including even to reiterate his prior opinion, as already evidenced herein.
Whereby Warner Bros. et al. then breached their contracts and began illegally using and licensing the technologies to others in violation of the Binding Signed Agreements.
The DVD6C, MPEGLA LLC and other patent pooling schemes, where Warner Bros. and Proskauer are major participants[10], for example in the DVD6C pool which are managed and monetized by Warner Bros., Proskauer and Rubenstein.
The pooling schemes are alleged to be merely artifices to STEAL INVENTIONS FROM INVENTORS in violation of multiple Antitrust laws and have illegally precluded me from market in classic RICO and ANTITRUST activities, including death threats and a car bomb.
The Patent Pooling Schemes that Warner Bros. is directly involved in and inuring benefit from are also using the technologies in violation of Signed and Binding Contracts and Licensing Agreements, admittedly.
Yet, since that time Warner Bros. have also excluded Iviewit from market tying and bundling the technologies in their licensing schemes, again in classic RICO and ANTITRUST activities and not only failed to pay Iviewit royalties but have failed to account for the 10 years of knowing infringement and the Massive Liabilities to Shareholders that mounts daily. ""
Click Here for Source of Document and Full SEC Complaint
More on the Viewit Stolen Patent at
www.DeniedPatent.com and www.Iviewit.TV
Posted by Crystal L. Cox
Ivestigative Blogger
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