iViewit Patent Suspended by USPTO
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Monday, November 22, 2004
Jay S. Fishman
CEO and Director
The St. Paul Travelers Companies, Inc.
385 Washington St.
St. Paul, MN 55102
Re: CLAIM AGAINST YOUR INSURED MELTZER LIPPE GOLDSTEIN
WOLFE & SCHLISSEL LLP
Dear Mr. Fishman,
We are in receipt of a letter from your counsel Garcia and Stallone, whom you retained to
handle the claim asserted by Iviewit against Meltzer Lippe Goldstein Wolfe and Schlissel
LLP (“MLGWS”) and an attorney at MLGWS - Raymond A. Joao (“Joao”).
From review of the letter, it is missing essential facts, such as that Joao’s responses to counsels
interviews did not include the fact that orders have been given by the New York State
Supreme Court Appellate Division: First Department (“First Department”) that require an “investigation” into the complaint against Joao.
We have attached for your review the
court order, transferring the Joao complaint due to conflicts of interest and appearances of
impropriety discovered at the First Department.
We also are unclear if Garcia and Stallone reviewed the rebuttal to Joao’s response to the
First Department which was a 1700 page document containing evidence against Joao
filed by Iviewit and for which Joao has yet to respond to. Seeing that the matters are far
from completed in the New York courts regarding your client, we are unclear why Garcia
and Stallone rushed to judgment with pending litigation against Joao still under
investigation in the disciplinary department and elsewhere.
Due to the ongoing investigations of Joao at; 1.
The New York Supreme Court Appellate Division: Second Department
Departmental Disciplinary Committee
2. The United States Patent and Trademark Office (“USPTO”) – Office
of Enrollment and Discipline (“OED”) in a complaint filed against
Joao with Harry I. Moatz (“Moatz”), Director of OED, and
3. USPTO investigation into charges of fraud upon the USPTO by Joao
filed with the Commissioner of Patents at the bequest of Moatz and
filed by Iviewit and its largest shareholder Crossbow Ventures of West
Palm Beach Florida (signed by Stephen Warner founder of the fund)
4. The Federal Bureau of Investigation
5. The Boca Raton Police Department
6. The Florida Supreme Court
With all of these investigations and others still remaining active and open, it seems
remarkable and premature that St. Paul has determined that the carrier need not reserve
for this claim.
For your information, the USPTO has suspended the patent applications of
Iviewit due to initial review of the work done by Joao, as there appears to be indications
of fraud and while investigations continue.
Mr. Fishman, in contacting you directly regarding the seventeen billion dollar (US
$17,000,000,000.00) liability that may result from damages caused by Joao and MLGWS
we anticipated that your company would look into the matters with proper and full due
diligence and are surprised that Garcia and Stallone only preformed a cursory and
superficial investigation, accepting Joao’s story as gospel without checking the accuracy
of his statements.
We notified you of the initial problems we had in filing the claim and
getting any assurance from the agents and claims representatives that this matter had been
complying with proper procedure for reporting and disclosure as mandated by insurance
industry regulations and we remain unclear if proper compliance has been followed.
The Garcia and Stallone letter at first glance appears to be further sidestepping the issues,
although we remain unclear if Joao and MLGWS have fully disclosed the entirety of the
situation to either St. Paul Travelers or Garcia and Stallone, we will await your response
in formulating our conclusion.
Due to the severity of the claims and the conclusions proffered in the Garcia & Stallone
letter, we must honor the continued insistence of our shareholders in pursuing this matter.
As some of the shareholders are heavyweights in the insurance industry they insist that
we notify the appropriate state regulatory agencies regarding our claim, assure them that
compliance with the reserve requirements has been met by St. Paul Travelers, provide
assurance that reporting and disclosure requirements have been met and that all other
regulatory protocols have been followed in the handling of these matters. Thus, please
provide us with the following information:
1. The date the claim was reported
2. Claim number
3. The date the claim was officially recorded
4. A copy of the MLGWS policy with St. Paul
5. A copy of the information provided by Joao to Garcia & Stallone (or list of
such information) 6. Confirmation that the claim filed with St. Paul was properly docketed and
handled in compliance with all state and federal insurance codes, rules and
regulations.
We have been advised that applicable rules and regulations will result in the claim
remaining open and reserves being met, especially in light of the ongoing investigations
involving Joao, as listed above. Please confirm the file remains active and open, so as to
prevent the filing of a mandamus action and notification to the insurance regulators of
possible compliance problems.
....
Best regards,
Eliot I. Bernstein
President
cc: Marc Garber, Esq.
Caroline Prochotska Rogers, Esq"
Source
http://iviewit.tv/CompanyDocs/2004%2011%2022%20
Garcia%20and%20Stallone%20Response.pdf
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