Saturday, February 13, 2010

Proskauer Rose - Kenneth Rubenstein 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 SECTIONKenneth 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 communiqu├ęs 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

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Ivestigative Blogger