Inventors have Rights in the Constitution of the United States and yet the Iviewit Inventors Rights have Been ignored for Over a Decade.
To:
Rep. Adam Schiff
February 6, 2007
Dear The Honorable Representative Adam Schiff (D-CA 29th),
This communication and the attached proposed bill (to follow) have bearing on the matters submitted to the House Judiciary Committee by the Honorable John Dingell, Chairman of the Energy and Commerce Department, for investigation into the Iviewit allegations of fraud and conspiracy against the United States. This communication will come in two parts, the Honorable Senator Feinstein letter requesting legislative changes (below) and the proposed bill. I thank you in advance for your consideration in these matters and your support of our proposed legislation.
Eliot I. Bernstein
----
February 1, 2007
The Honorable United States Senator Dianne Feinstein
United States Congress
1 Post Street
Suite 2450
San Francisco, CA 94104
Re: Request to Amend Legislation to Release Confidential Information at the United States Patent and Trademark Office ("USPTO") Pertaining to Patent Applications Filed Fraudulently on Behalf of Iviewit Holdings, Inc., and it Subsidiaries, Affiliates, and Related Parties (collectively, "Iviewit"), Request to Amend Legislation to Continue the Time Period to Suspend Action by the USPTO in the Case of Alleged Fraud, and Request to Amend Legislation in Situations of Fraud and Conspiracy Against the United States that Endanger Loss of Inventor Rights.
Dear The Honorable United States Senator Dianne Feinstein:
Recognizing the Congressional power to protect inventors under Article 1, Section 8, Clause 8 of the Constitution of the United States whereby "The Congress shall have Power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries",
I write to request amendments to current legislation requiring the USPTO to release confidential information pertaining to patent applications filed fraudulently, request amendments to legislation to continue the time period to suspend action by the USPTO in the case of alleged fraud whereby the time of investigations may jeopardize the inventors' patent applications, and to request amendments to legislation to enact any/all changes necessary to return intellectual properties consummated in fraud and conspiracy against the United States that may endanger loss of inventor rights.
The attached bill is vital in protecting my interests as an inventor of technologies filed in the United States and through international commerce treatises to foreign nations. While investigations remain ongoing, it is clearly not the intent of the Constitution that while such charges of crimes against the USPTO by licensed representatives of the USPTO and perhaps internal agents at the USPTO are fully investigated, that inventors would lose rights to their intellectual properties, opposite of the Constitution's mandate for Congress to protect such rights.
Further, where the present institutions and current legislation have failed in protecting the inventor under these circumstances and may have been directly culpable to the aforementioned loss of intellectual property rights, clearly Congress must enact new legislation to protect from this prior unforeseen instance involving Crimes against the United States and foreign nations committed by those entrusted to uphold the inventor rights under current legislation.
As civil claims cannot come prior to federal actions, the inventors are calling upon Congress to similarly take oversight of all federal, state and international investigations, so as to determine how to protect such rights. Additionally, Congress must intercede where international treatises have been violated and fraud committed against foreign nations, also posing risk to the international counterparts to the USPTO applications in foreign nations. Since these crimes are not only against the owners, assignees and inventors of the intellectual properties, which would typically mandate civil actions but are against the United States and foreign nations, the true and proper inventors' are forced to wait for federal and international actions to be taken, again, prior to having any civil claims in these matters.
Furthermore, the attached bill, preferably brought by special committees pre-screened for conflict in these matters, including any signatories, requests Congress to amend legislation to release information to the true and proper inventors on patent applications fraudulently filed on behalf of others, where The Privacy Act of 1974, 5 U.S.C. §552(a), as Amended, or any other applicable Federal law, upon information and belief, prevents the USPTO to disclose information on applications that were criminally misappropriated by attorneys licensed by the distinguished USPTO Patent Bar through a pattern of fraud, deceit, and misrepresentation that runs run so wide and so deep that it tears at the very fabric of what has become to be know as free commerce in this country, and, in the fact that it pertains to inventors rights, tears at the very fabric of the Constitution of the United States.
More specifically, the true inventors cannot repair or even amend certain of the misappropriated and converted intellectual properties without the proper information from the USPTO pertaining to the fraudulently filed applications first being corrected.
Additionally, the attached bill, preferably brought by special committees pre-screened for conflict in these matters, including any signatories, requests Congress to amend legislation to continue the time period to suspend action by the USPTO in the case of alleged fraud and conspiracy against the United States, where Title 37 - Code of Federal Regulations, Patents, Trademarks, and Copyrights, §1.103 Suspension of Action by the Office, or any other applicable section or any other provision in United States Code Title 35 - Patents, contains insufficient time periods to investigate the allegation of fraud, including the exhaustion of appeals to any decision.
In certain instances already these time frames have been exceeded leaving the inventors' rights in question and where the USPTO has tendered no information since beginning formal investigations, the inventors' now remain in limbo as to their rights, certainly opposite to the Constitutional mandate to protect such rights and Congress' mandate to enforce such protections.
Third, the attached bill, requests Congress to enact new legislation to broaden the Commissioners' power upon information supplied by the applicant or investigatory bodies, to take any/all necessary actions to ensure the return of any fraudulently acquired intellectual properties to the true and proper inventors, owners and assignees.
Moreover, the requests in the attached bill were first suggested by Harry I. Moatz ("Moatz"), the Director of the Office of Enrollment and Discipline of the USPTO, whereby Moatz directed Iviewit to file charges of fraud and conspiracy against the United States and others with the Commissioner of Patents after reviewing attorney dockets and other evidence that contained falsified information prepared and disseminated by no less than four U.S. law firms, including but not limited to, Meltzer Lippe Goldstein & Schlissel LLP, Foley & Lardner LLP, and most recently Blakely Sokoloff Taylor & Zaffman LLP, all under the direction of the New York law firm of Proskauer Rose LLP.
Furthermore, this bill, also calls Congress to action in the protection of interests of similarly situated inventors and stakeholders who share in loss and is wholly and entirely in the public interest of constituents here in California, as the companies holding the intellectual properties were last headquartered in California, those interests of which the duly elected members have been sworn to protect.
Lastly, the above situations, regretfully, are time of the essence items as: the USPTO has been unresponsive materially jeopardizing the intellectual properties; the European Patent Office has been equally unresponsive, further jeopardizing the fraudulent applications filed in violation of international commerce treatises; and the Japanese Patent Office has been entirely not forthcoming, yet again, jeopardizing these fraudulent applications filed in violation of international commerce treatises. Finally, with the recent car bombing attempt on my life, these matters demand a speedy response.
1 Affirmed Conflict of Interest letters are necessary due to the fact that almost four thousand attorneys are in the law firms accused and where certain of the accused have already been found violating public offices in the handling of these matters
2 Case citations available upon request.
Ongoing Investigation Chart exhibit @ www.iViewit.tv/CompanyDocs/20070205investigations.htm
Entire Communication in original at www.iVieiwit.tv
Respectfully submitted,
Eliot I. Bernstein
cc & ec:
Select House Judiciary Committee Members
John Conyers, Chairman of the House Judiciary Committee
Select House Energy and Commerce Committee Members
The Honorable John Dingell, Chairman of the House Energy and Commerce
Committee
The Honorable Nita Lowey
The Honorable Barbara Boxer
Harry I. Moatz, Director ~ United States Patent & Trademark Office -
Office of Enrollment & Discipline
Jon W. Dudas ~ Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
Stephen Lucchesi, Special Agent - Federal Bureau of Investigation
David Vogel, Research Assistant to Energy and Commerce Committee
Sampak Garg, Staff Attorney to Judiciary Committee
Shanna Winters, Staff Attorney to Judiciary Committee
Perry Apelbaum, Majority Chief of Staff and Counsel to Judiciary Committee
Dennis Fitzgibbons, Majority Staff Director to Energy and Commerce Committee
Jonathan Cordone, Deputy General Counsel to Energy and Commerce Committee"
Posted here by
Investigative Blogger
Crystal L. Cox
Crystal@CrystalCox.com
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