Bodog Loses Trademark Dispute on Appeal: Lower Court’s Ruling Affirmed

Oct 9 2008 - 11:07pm
Bodog

1st Technology , LLC today received an affirmance of last year's rejection of all attempts to set aside the judgment against Bodog.com, Bodog.net, and Bodog Entertainment Group S.A.

Judgment was entered against the Bodog entities on June 13, 2007, in the amount of $46,597,849. Despite a vigorous appeal by Bodog's counsel, Bodog's attempts to overturn the ruling from the District Court of Nevada's Judge Hunt were fruitless, and the Court of Appeals for the Federal Circuit today affirmed the lower court's ruling. With interest, the amount due 1st Technology from Bodog now exceeds $50 million.

1st Technology's CEO Dr. Scott Lewis emphasized the importance of the ruling, stating, "We cannot be more pleased. Bodog has consistently tried to circumvent the United States justice system, and disregarded the legitimacy of our claims against it. We now have the certainty we need to accelerate our seizure of any and all global assets to satisfy the judgment, and bring fairness and respect back to Bodog's commercial dealings. I am also pleased that those companies operating in the U.S. or serving U.S. customers via the Internet are not above the law."

The Chicago-based law firm of Flachsbart & Greenspoon, LLC won the appeal for 1st Technology in Appeal No. 2008-1132.

Today's affirmance follows a victory in the District of Western Washington last Friday. The Court granted significant parts of a preliminary injunction to halt any transactions or transfers of Bodog's trademarks. The co-pending lawsuit in Washington seeks (among other claims) to undo conveyances among defendants Bodog Entertainment Group S.A., Bodog IP Holdings Ltd., and GK World Link Telecom S.A. Both Flachsbart & Greenspoon and Venkat Balasubramani represent 1st Technology in Case No. 08-CV-872 in the Western District of Washington.

About 1st Technology


1st Technology LLC is a leading technology company with a patent portfolio of advanced Internet and multimedia innovations. In addition, 1st Technology is active in software development and the commercialization of new technology. 1st Technology is headed by Internet pioneer Dr. Scott Lewis who led the development of the world's first single integrated circuit chip with on-board video and audio compression, advanced adaptive digital signal processing technology at Oxford University, and introduced multiple broadband Internet and multimedia technologies. Among 1st Technology's licensees are many industry leaders active in high performance multimedia applications.

About Dr. Lewis

Dr. Lewis received his B.S. and M.S. at the Massachusetts Institute of Technology, his doctorate from Oxford University as a Marshall Scholar, and an M.B.A. from Harvard Business School.

Submitted by Guest on Wed, 10/08/2008 - 22:06
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Comments

Please. Interesting that no

Wed, 10/08/2008 - 23:11 — Guest
Please. Interesting that no one mentions that the US Patent and Trademark Office is currently reviewing this so-called "legitimate" claim and it's unlikely that any of this ridiculous patent will survive the reexamination. Lewis may be able to fool the media, but the UPSTO would tolerate none of his nonsense, and struck the majority of his submissions from the record. He's a parasite holding the industry hostage - I can't believe he has the nerve to portray himself as the victim when his "business model" is extortion. Another example of the US patent system gone mad.

Listen to the audio feed -- stupid!

Thu, 10/09/2008 - 01:11 — Guest
If you listen to the audio feed of the US Circuit Court in WDC (avail at their site) you will hear Bodog's lawyers harping on endlessly about the patent in question being under reconsideration -- so is the NPT vs. RIM patent and they collected over $300M from RIM! The point is, which is clear if you listen to the judges audio feed, that the question is not about the patent, it's about debtors who dodge process servers and the standards for a valid default judgment. In this case not only was Bodog served, but their lawyer Jimmy was informed of the suit by 1st Technology (listen - mid way into the audio feed), this combined with the fact that the "external consultant" with whom Bodog pegged its alibi as not being in operation therefore couldn't have been at the scene of the crime - was blown apart when it was made clear in the feed that the consultant guy was actually a Bodog insider and treasurer of the company! In this time of financial melt-down and rip-offs, let's focus on more people sticking by the rules and less on having everyone get off on technicalities! Hey Calvin played a poker game with 1st Tech and lost -- so what happens when you or Wall Street lose (or at the tables of Bodoglife for that matter)? You pay up or wimp out and stay away from the tables for good!

audio feed

Fri, 10/10/2008 - 05:16 — Guest
much obliged if you will provide a direct link to the audio feed. cannot find it on the court site

Don't be an idiot. The

Thu, 10/09/2008 - 09:02 — Guest
Don't be an idiot. The patent is bullshit - that's why it's getting tossed. It's not about whether the patent is valid? Are you serious? Whether Bodog pays this stupid thing or not is not the point - the fact that they got their judgment before the USPTO decided to dismantle the bogus patent is just a question of timing. Who cares whether Bodog pays or not? What we should all be concerned about is that our patent system can be used by bottom-feeders to attack our industry like this. I assume this post is from Scott Lewis or his lawyers ... other than those of us that are worried about the patent system, you're the only ones that seem to care about this stupidity. At least have the nerve to say so. And since when did G911 become the press release platform for the people who prey on this industry anyway? No one is fooled.

1st Technology

Sun, 10/12/2008 - 10:49 — Guest
Agreed....The fraudster.....Lewis is using G911 to try to scare the industry.....they will never win any case in court. They are simply trying to squeeze the offshore gambling crowd before the bell rings on their scam.