"From: P. Stephen Lamont
Sent: Tuesday, March 06, 2007 8:14 PM
To: Sewell, Bruce - Bruce Sewell
Cc: Eliot I. Bernstein; Caroline P. Rogers Esq.; Andrew Dietz; Simon, David; Rodgers, Steve R
Subject: RE: Email to Paul S. Otellini
Mr. Bruce Sewell:Thank you for your quick response
on behalf of Intel, and, of course, Iviewit will abide by your wishes and communicate directly with you in the immediate future. Iviewit has the reputation in the community for creating those solutions necessary for the benefit of our children and our children's children.
Moreover, and perhaps this was not made clear in my previous email, but Iviewit's irritation stems more from the fact that contracts were walked away from in 1999, whereby Iviewit presented to Real 3D, taught them how to scale video and zoom on images without pixelation and for delivery over low bandwidth networks (clearly, we later found that such solutions apply to all networks at any higher bandwidth),
witnessed Real 3D's validation of same, executed NDA's and alliance contracts with Real 3D, saw the acquisition by Intel with the promise that they would abide by such confidentialities and contracts, then saw the then Intel employees halt any further communication.
Second to this issue would be my recent discussion with SSG and DHG concerning Viiv, where you may know better than I what future business emphasis may be steered for this platform.
Additionally, grant it, I was not a participant, as I only assumed my post in December 2001, but at this point may I suggest
a reverse chronological approach that might bring us to the heart of the matters in a quicker fashion:
• I have attached my email of December 12 to
Rajeev Kapur (SSG) and
David Vogel (DHG);
• Attached
v-cards for those SSG and DHG employees concerned;
• Mutual production of executed
Iviewit and Real 3D contracts that Intel assumed;
• Mutual production of
Iviewit and Real 3D NDA's that Intel assumed; and
• As Intel is intimately familiar with its just past
Managing Director in the
Intel Capital Group,
Hassan Miah, a discussion with Mr. Miah, as to what
Iviewit is and what Iviewit does (v-card attached for your convenience), and a discussion with former head of Real 3D, Gerald Stanley, is in order (contact information unknown to Iviewit).
Iviewit looks forward to your response to this proposed approach and working together with Intel on these matters, and hopefully my friends in SSG and DHG; as should be clear from the email history attached, it is not Iviewit's style nor interest in a quick payment, but keeping our eye on the real prize, 105 million U.S. digital households, together.
******
From: Sewell, Bruce [mailto:bruce.sewell@intel.com]
Sent: Tuesday, March 06, 2007 6:28 PM
Cc: Rodgers, Steve R; Simon, David
Subject: Email to Paul S. Otellini
Dear Mr. Lamont,
Given the nature of the allegations contained in your e-mail to Mr. Paul Otellini dated March 6, 2007, I have been asked to respond to you on behalf of Intel Corporation.
Intel treats the use of third party intellectual property very seriously.
We endeavor to investigate and resolve any legitimate claim of unlicensed use that is brought to our attention. At the same time we are frequently a target for spurious or premature claims by individuals or companies hoping for a quick nuisance payment.
In order to properly characterize and respond to your assertions I must ask you to provide us with some more pertinent information about the nature of the intellectual property you believe you own and the basis for your claim that certain Intel products may infringe those rights. Specifically, please provide the following information at your convenience so that we may properly analyze your claims:
the number, date of issuance, and ownership for each patent or patents that you believe Intel has infringed; each claim, including the claim number and a brief description of the specific claim language, that you believe Intel has infringed;
each Intel product that you allege infringes the patents and claims identified in answers #1 and #2; a brief description of the structures or methods within each product identified in answer #3 that you allege to be infringing;
a brief statement regarding the basis for your belief that the Intel products are infringing, i.e.,
describe the documentation or testing that you rely upon as the foundation for your allegations;
and, the names of the individuals within DHG and SSG with whom you have already communicated regarding the technology or the intellectual property rights that are the subject of your allegations, including a copy of the "December 12, 2006 email to DHG and SSG" referenced in your most recent note.
Receipt of this preliminary information will enable Intel to investigate and analyze your claims.
Your failure to provide any of the information requested will delay the point at which we can
effectively begin our investigation.
For the immediate future please communicate directly with me rather than with Mr. Otellini or any other executives within the company. As this matter progresses I may ask you to work with other lawyers either inside Intel or retained on behalf of Intel.
Thank you for your cooperation in this matter.
Sincerely,
Bruce Sewell
Senior Vice President
General Counsel
Intel Corporation
******
From: P. Stephen Lamont
Sent: Tuesday, March 06, 2007 11:38 AM
To: Arena, Marise G
Cc: Caroline P. Rogers Esq.; Andrew Dietz; Eliot I. Bernstein
Subject: Email to Paul S. Otellini
Importance: High
Dear Mr. Paul Otellini:
By way of introduction, I am CEO of Iviewit Holdings, Inc., and its subsidiaries, affiliates, and
related parties, where we have designed and developed video frame manipulation techniques
and image overlay systems for the encoding, delivery of, and rendering/decoding of, when
combined with other proprietary technologies, DVD quality video across all transmission networks and viewable on all display devices with the value propositions of lower bandwidth, processing, and storage requirements than other solutions than do not utilize Iviewit techniques and systems;
Hassan Miah was an early on looker and termed Iviewit solutions "Holy Grail" technologies, and a tagline we have used more than once.
Since October 2006, we have been in touch with Intel's Digital Home Group through the SSG
people when it became clear that the Intel G695 Express Chipset, and any other chipset
designed for the Viiv platform, probably through the chipset functions of, including but not limited to, Clear Video processing, overlaps our patent pending claims filed in 2000 in rendering full screen, full frame rate video encoded by your major motion picture studio partners who, upon information and belief, have all adopted Iviewit's patent ending video scaling and image overlay techniques.
Moreover, we have waited patiently for an answer to the implications of my
December 12, 2006 email to DHG and SSG, specifically advising them that Intel, in the rendering of full screen, full frame rate Iviewit encoded video from your studio partners on including but not limited to the Viiv platform, is directly infringing on our proprietary rights. Since their answer has not been forthcoming in almost 90 days, I can only assume that Intel is continuing to render such video in blatant disregard for Iviewit's patent pending claims and in direct, disregard for Iviewit's proprietary rights.
Moreover, the issue is more serious than outlined above, and as we have discussed that it is mathematically impossible to deliver DVD quality, full screen, full frame rate video, in less than ideal bandwidth, storage, and processing power conditions without overlapping Iviewit's
proprietary rights, and since Iviewit management began discussions with representatives of Real 3D, Inc. some years ago we have watched our techniques drive across your product groups, including but not limited to microprocessors and chipsets for home entertainment PCs, and embedded consumer electronics designs such as digital televisions, video recorders, and set-top boxes.
Since Intel acquired the Real 3D business in 1999, pursuant to Iviewit/Real 3D contracts and confidentiality agreements, therefore, Intel has consistently conducted these unauthorized uses on the aforementioned products, without limitation, learned in prior business discussions with executed contracts, confidentiality agreements, and such.
Of course, it is Iviewit's goal to resolve the situation of the unauthorized use of Iviewit techniques embodied in prior Iviewit/Real 3D contracts and agreements in the easiest and most seamless way possible, prior to my shareholders pushing me to an edge I would rather not walk upon at this time, but will do so if the need be.
Please let us know when you are available for a conversation with our Founder, Eliot Bernstein,
and myself at your earliest convenience.
Best regards,
P. Stephen LamontChief Executive Officer
Iviewit Technologies, Inc.
URL: www.iviewit.tv
******
From: P. Stephen Lamont
Sent: Friday, March 02, 2007 1:35 PM
To: Caroline P. Rogers Esq.; Andrew Dietz
Cc: Eliot I. Bernstein
Subject: Intel Email and Advanced Royalty Agreement
-- Comments Requested
Importance: High
David/Raj,
We have waited patiently for an answer to the implications of my December 12, 2006 email,
specifically advising you that Intel, in the rendering of full screen, full frame rate Iviewit encoded video from your studio partners on including but not limited to the Viiv platform, is directly
infringing on our proprietary rights.
Since your answer has not been forthcoming in more than 60 days, I can only assume that you are continuing to render such video in blatant disregard for Iviewit's patent pending claims and in direct, disregard for Iviewit's proprietary rights.
Therefore, unfortunately, Iviewit must demand that you CEASE AND DESIST rendering such Iviewit encoded scaled video and imaging according to our claims, else we must follow-up on the issue in due course.
Moreover, the issue is more serious than outlined above, and as we have discussed it is
mathematically impossible to deliver DVD quality, full screen, full frame rate video, in less than
ideal bandwidth, storage, and processing power conditions without overlapping Iviewit's
proprietary rights, and since Iviewit management began discussions with representatives of Real 3D, Inc. some years ago we have watched our techniques drive across your product groups, including but not limited to microprocessors and chipsets for home entertainment PCs, and
embedded consumer electronics designs such as digital televisions, video recorders, and set-top
boxes.
Since Intel acquired the Real 3D business in 1999, pursuant to Iviewit/Real 3D contracts
and confidentiality agreements, therefore, you must similarly CEASE AND DESIST these
unauthorized uses on the aforementioned products, without limitation, learned in prior business
discussions.
Please take notice that this is advise of a future complaint seeking permanent injunction, and that the previous offer of license is withdrawn, and is substituted in its entirety by the attached
agreement, executable only for 30 days post hence, else Intel must CEASE AND DESIST the use of rendering full screen, full frame rate video and image overlays where an image can be zoomed upon and panned without pixelation from Intel products, and please advise if anything will prevent you from accepting our demand, in which case we will file suit shortly thereafter complaining of breach of prior confidential disclosures and our attached offer will be deemed withdrawn;
certainly, as a public company governed by the Securities and Exchange Act of 1934, you have
perfect record keeping of those 1999 discussions and the agreements signed thereunder.
Finally, I await timely execution of the attached and your request of wire transfer instructions,
where Iviewit is firmly committed to protecting its proprietary rights against any and all knowing and
willful breaches of its confidential disclosures and disregard of recent advise and discussions.
Source of Post
http://iviewit.tv/press/press4.pdfintel
