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GeoCVLawLawsuitLegal

Lawsuit: Matterport, Inc. versus GeoCV, Inc. - All Legal Documents8034

WGAN
Founder
DanSmigrod private msg quote post Address this user

Screen Grab: a portion of the documents filed in a lawsuit of Matterport, Inc. versus GeoCV, Inc.

Hi All,

All the legal documents are here:

Matterport, Inc. versus GeoCV, Inc. Lawsuit

Access is free for WGAN Forum Members. When you join here (free), you will automatically receive the password (along with 20+ other free WGAN Forum Member benefits.)

Already a WGAN Forum Member? Simply Private Message me for the password. In the Subject Line, please write: Lawsuit

Please continue the discussion about the lawsuit here:

It's on: Matterport Sues GeoCV

As legal documents become available, I will post an update.

Best,

Dan
Post 1 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Quote:
Originally Posted by @Metroplex360
According to the filing, these are the patents that Matterport is claiming that GeoCV is in violation of:

8,861,840 B2
Identifying and filling holes across multiple aligned three-dimensional scenes
Filed: Oct 14, 2013
Granted: Oct 14, 2014

9,165,410 Bl
Building a three-dimensional composite scene
Filed: Step 17, 2014
Granted: Oct 20, 2015

9,171,405 Bl
Identifying and filling holes across multiple aligned three-dimensional scenes
Application: 09/17/14
Granted: 10/27/15

8,879,828 B2
Capturing and aligning multiple 3-dimensional scenes
Application: 01/03/13
Granted: 11/04/14

9,953,111 B2
Semantic understanding of 3D data
Application: 06/02/25
Granted: 04/24/18

10,030,979 B2
Determining and/or generating a navigation path through a captured three-dimensional model rendered on a device
Application: 05/24/18
Granted: 07/24/18
Post 2 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user



Hi All,

On Wednesday, 17 October 2018, the case was assigned to a judge.

Dan
Post 3 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user




Screen grab: a portion of the Stipulation and Proposed Order to Extend Time filed 31 October 2018

Hi All,

GeoCV has until 29 November 2018 - instead of 15 October - to respond to the lawsuit filed by Matterport.

I could imagine that negotiations between Matterport and GeoCV are going well enough, that Matterport agreed to file a request with the court (approved) to extend the deadline.

By the way, Matterport requested a jury trial when it initially filed the lawsuit. I could imagine that Matterport wanted to reserve this right until it knew which judge was assigned the case.

If it does go to trial - I can't imagine the two sides not reaching an agreement - Matterport could waive its right to a jury trial.

I can't imagine Matterport having jurors make decisions about patents (that are hard enough for those involved in this space to understand.) Plus, they make your eye glaze over.

WGAN Forum Members can see all the legal filings here. (password required: join the WGAN Forum to automatically receive the password).

Best,

Dan
Post 4 IP   flag post
TrustedPhotoDC private msg quote post Address this user
GeoCV booth at NYVR last weekend. Sunday, booth abandoned, no sign of Anton.
Post 5 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user

Screen Grab from the original Complaint filed 11 October 2018.

@TrustedPhotoDC

Thanks for sharing.

GeoCV has until Friday, 29 November 2018 to respond to the Matterport Complaint, unless Matterport agrees to another extension.

I could imagine that GeoCV leadership and - their lawyers - will be working through the Thanksgiving holiday weekend.

Best,

Dan
Post 6 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user

screen grab: PacerMonitor

GeoCV has received an extension from Matterport to respond to the Matterport lawsuit.

I could imagine that negotiations between Matterport and GeoCV are going well enough, that Matterport agreed to file a request with the court yesterday (20 November 2018) to extend the deadline to 2 January 2019.

Happy Thanksgiving,

Dan
Post 7 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Video: The Aspect: VR News - Matterport vs GeoCV Lawsuit | Video courtesy of Rafael A. Renteria YouTube Channel

Hi All,

At 6:03, look at the outdoor 3D Model
At 7:08, look at the Avatar within the 3D Tour (Explanation at: 7:11)
At 9:50, interesting commentary about the lawsuit

Happy holidays,

Dan
Post 8 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

No new public documents in the Matterport versus GeoCV case, as of 2 pm EST Friday, 7 December 2018.

Happy holidays,

Dan
Post 9 IP   flag post
3rd Party
Service
Metroplex360 private msg quote post Address this user
Dan, I wish you'd launch your own VLOG

The video above doesn't really go in depth about what the patents actually mean... I think it's clickbait for WGAN
Post 10 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
@Metroplex360

Some might call WGAN-TV Live at 5 a VLOG.

No new public documents in the Matterport versus GeoCV case, as of 2 pm EST Thursday, 13 December 2018.

Looks likes some GeoCV attorneys will be working through the Christmas and New Years holidays to meet the Wednesday, 2 January 2019 deadline to reply to the lawsuit.

Happy holidays,

Dan
Post 11 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user



Hmmmmmmmmmmmmmmmmm

The GeoCV answer to the Matterport Complaint (lawsuit) was due today, Wednesday, 2 January 2019.

As of 6:30 pm EST today, there is no update to PacerMonitor (where we follow the case).

Hopefully, we'll have some news for you tomorrow, Thursday!

Happy New Year,

Dan

P.S. I noticed that the last update to PacerMonitor was 1 January 2019 at 11:59 pm EST - so, perhaps the response was filed, and will not know until 11:59 pm EST tonight.
Post 12 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user



Hi All,

GeoCV seeks a jury trial, according to the answer filed by GeoCV Wednesday, 2 January 2019.

In its five page Answer GeoCV also seeks a judgement resulting in:

A. An order declaring that GeoCV, its customers, and all end-users of its products
have not infringed and are not infringing the Asserted Patents;
B. An order declaring that the Asserted Patents are invalid;
C. A declaration that this case is “exceptional” within the meaning of 35 U.S.C.
§ 285;
F. An award of GeoCV’s attorneys fees and costs incurred in connection with this
action; and
G. Such other and further relief that this Court deems proper and just.

All the legal documents are here:

Matterport, Inc. versus GeoCV, Inc. Lawsuit Private Message me for the Password.

Access is free for WGAN Forum Members. When you join here (free), you will automatically receive the password (along with 20+ other free WGAN Forum Member benefits.)

Already a WGAN Forum Member? Simply Private Message me for the password. In the Subject Line, please write: Lawsuit

What are your thoughts about the lawsuit?

Dan

P.S. I was wrong. A month ago (above), I write:

"I could imagine that negotiations between Matterport and GeoCV are going well enough, that Matterport agreed to file a request with the court yesterday (20 November 2018) to extend the deadline to 2 January 2019."

I had anticipated that the lawsuit would have been settled without going to court ...
Post 13 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

Correction: Matterport demanded the jury trial.

GeoCV defense:

AFFIRMATIVE DEFENSES

1. GeoCV’s products do not infringe any valid claim of Matterport’s patents US
861,840, US 8,879,828, US 9,165,410, US 9,171,405, US 9,953,111, and US 10,030,979 (the
“Asserted Patents”).
2. GeoCV has not engaged in activities that constitute infringement, whether direct,
contributory, or by inducement, of any valid claim of the Asserted Patents
.
.3. The Asserted Patents are invalid for failure to meet the conditions of patentability
specified in 35 U.S.C. §§ 101, 102, or 103, or failure to comply with the requirements of 35
U.S.C. §§ 112 and 116, and other applicable statutory sections.
4. Matterport’s damages claims are barred in whole or in part for failure to give
statutory notice under 35 U.S.C. § 287
.
5. Matterport’s allegation of willful infringement is barred by its failure to give
timely and adequate notice of the Asserted Patents
.

Happy holidays,

Dan
Post 14 IP   flag post
TrustedPhotoDC private msg quote post Address this user
Matterport knows when GeoCV puts a Russian(Anton)on the stand in the jury trial, GeoCV will be toast.

BTW what’s Anton’s legal status in the US? Inquiring minds want to know.
Post 15 IP   flag post
3rd Party
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Metroplex360 private msg quote post Address this user
I'm not a lawyer, but #5 doesn't seem to hold water. We'll see how it goes with the others.
Post 16 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

One week from today - Friday, 15 February 2019 – lawyers for Matterport and GeoCV will meet (in person or by conference call) in the judge's Chambers in Delaware, MD for a scheduling conference.

"Parties shall confer about scheduling and discovery limitations, and attempt to reach agreement. The parties shall use as a basis for discussion the Court's "Rule 16 Scheduling Order-patent," available on the Court's website. No later than 48 hours before the scheduling conference, the parties shall file a proposed scheduling order using the 'Rule 16 Scheduling Order - patent,'" said Honorable Richard G. in Andrews in his order filed on 9 January 2019.

By Monday, 18 February 2019, I could imagine we'll see the proposed scheduling for depositions (and whom will get deposed).

While this case could drag on for years, I could imagine either:

Quote:
Originally Posted by @DanSmigrod
I could imagine that this lawsuit will settle before trial. GeoCV will pay some small - undisclosed - licensing amount. And, Matterport will be able to say it has defended its patents and put others on notice.


Or ...

10 Reasons Matterport will acquire GeoCV

Want to see all the legal documents filed with the court in this case? Private Message me for the password.

Best,

Dan
Post 17 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

About today's (15 February 21019) meeting between Matterport and GeoCV lawyers - and the judge - we should know more Monday when legal documents are likely filed today and viewable online Monday. I anticipate posting an update on Monday.

Best,

Dan
Post 18 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

I (just) noticed this 14-page publicly filed document in the case:

PROPOSED Scheduling Order, by Matterport Inc..(Blumenfeld, Jack) Modified on 2/13/2019 (nms)

It's available here (free for WGAN Forum Members) [Private Message me for the password]
[When you join the free WGAN Forum, you automatically receive the password with 50+ other WGAN Forum Membership benefits.]

Matterport, Inc. versus GeoCV, Inc. Lawsuit

(It's the document that I thought would be public on Monday, 18 February 2019.)

I am (just) reading through it now.

Dan
4:16 pm EST Friday, 15 February 2019
Post 19 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

Some highlights from the Proposed Scheduling Order ...

The case could drag on as late as October 2021.

1. If the case does not settle, a five (5) jury trial will likely be scheduled in February 2021 or October 2021.
2. GeoCV has until 4 April 2019 to produce "Core Technical Document Production"
3. Matterport has until 20 May 2019 to produce "Initial Claims Chart/Infringement Contentions"
4. Fact Discovery Cut Off will likely either be 10 February 2020 or 6 August 2020.
5. Opening Expert Reports will likely be either 16 March 2020 or 14 September 2020

Best,

Dan

P.S. Earlier today (Friday, 15 February 2019), the two sides were scheduled to meet with the Judge to iron out the timeline. I image that we will see this time line published today and viewable on Monday.
Post 20 IP   flag post
TrustedPhotoDC private msg quote post Address this user
Can you send me the P/W?
Post 21 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
@TrustedPhotoDC Done
Post 22 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user

Screen Grab

Hi All,

A new 15 page court document is available, as of Wednesday, 27 February 2019.

Some of the highlights from the document:

... the Court having conducted an initial Rule 16(b) scheduling conference pursuant to Local Rule 16.1(b), and the parties having determined after discussion that the matter cannot be resolved at this juncture by settlement, voluntary mediation, or binding arbitration;

Accused Products. On February 27, 2019, Plaintiff [Matterport] shall specifically
identify the accused products and the asserted patents allegedly infringed, and produce the file history for each patent.


b. Core Technical Document Production. On or before April 4, 2019, Defendant shall produce to Plaintiff the core technical documents related to the accused product(s), including but not limited to major versions of the source code, operation manuals, product literature, schematics, and specifications.

If Matterport and GeoCV can resolve the case by 14 June 2021, a 5-day jury trial is likely.

Best,

Dan

P.S. See all the court filings - free - when you join the We Get Around Network Forum (free). That's one of 50+ free Membership benefits. (WGAN pays for the court filings so that you don't have to.)

Already a WGAN Forum Member? Private Message me for the password to this page. Include in your Subject Line:
What Would Judge Judy Say?
Post 23 IP   flag post
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Metroplex360 private msg quote post Address this user
It remains my hope that the court is competant at understanding the specifics of the patents filed and that the result is either:

#1) GeoCV and Matterport reach some sort of agreement due to the fact that GeoCV appears to have been working on the same concept at the same time as Matterport and that there would be historic proof to this.

#2) Both companies end up receiving protection to their technology from other imitators.

Matterport benefits by having a competitor -- and GeoCV is a great rival to have. It's very different in how it is run, operated and what the output is. Matterport is reality capture -- it's very straight forward with few frills. GeoCV is a 3D enhanced virtual tour that will have self hosting options, ability to edit panos, stylized and vibrant imagery focusing on marketing over a closed 'reality' based system. Both are very different and I can see a use case for both.

Both have strengths and weaknesses. Unlike many other options, I can imagine offering both services to clients and for the decision to not be which platform is better -- but rather, which features the client wants.

Do you want Mattertags? Do you want Aerial 3D integration? Do you want the features made possible by MPEmbed? Do you want a 3D mini map? Do you want Virtual Staging?

The choice for the consumer comes down to feature set at this point.

If it's an AEC scan, a documentation scan, or something for measurements, the clear winner is Matterport. If it's for marketing -- and you may need to edit the imagery, it's GeoCV.

Again - It's not about who is better. It's about what features your client wants.

Matterport has focused on a streamlined player, a streamlined feature set and simple tools that their customers can easily understand. They have a robust knowledgebase, a massive supportive community here on WGAN, on Facebook and on their own forum. It's the enterprise choice. They support the BLK360! They even make their own camera Which is a freaking amazing piece of equipment that exceeds the quality standards of so many of the other devices that are out there that we use (that's another rabbit trail).

GeoCV is new - many features are not yet ready to be deployed to customers, but are being built rapidly as there are fewer barriers and potentially a bit more organization. GeoCV doesn't need resources dedicated to supporting their own capture device.

These two platforms are so similar but so different.

A verdict on how the two can co-exist is going to be very interesting.
Post 24 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
@Metroplex360

Thanks for your insight.

Quote:
Originally Posted by @Metroplex360
A verdict on how the two can co-exist is going to be very interesting.


That would be great news.

Among the next steps: Alternative Dispute Resolution (ADR). Perhaps Matterport and GeoCV can reach agreement without going to trial. The judge has required this process. See screen grab below ...

Dan

---


Post 25 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
From this WGAN Forum discussion ...

Demo of GeoCV meets Virtual Staging

this comment/question ...

Quote:
Originally Posted by @izoneguy
I would probably be all in with GeoCV if Matterport was not suing them.

I don't have time to look at this whole interview now - but does Anton address the elephant in the room??


During the WGAN-TV Live at 5 show on Thursday (28 February 2019), I asked Anton about the elephant in the room. Here is that excerpt ....

WGAN-TV GeoCV FAQs with GeoCV Co-Founder and CEO Anton Yakubenko-Short Story #490 on Matterport versus GeoCV litigation.

Best,

Dan

P.S. Below is the entire interview ...

WGAN-TV Live at 5: GeoCV FAQs with GeoCV Co-Founder and CEO Anton Yakubenko
Post 26 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user




Screen Grab: PacerMonitor
Post 27 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

Of the recent postings to PacerMonitor about Matterport versus GeoCV is this item:

"Official Transcript of Scheduling Conference held on 2/15/19 2019. ... Release of Transcript Restriction set for 6/10/2019...."

Looks like it may be 10 June 2019 before we get to see the discussion among the Matterport and GeoCV lawyers and the judge that was held on 15 February 2019. Likely that there will be some redactions.

I'll keep you posted.

Best,

Dan
Post 28 IP   flag post
WGAN
Founder
DanSmigrod private msg quote post Address this user
Hi All,

No significant court filings in the Matterport versus GeoCV lawsuit, as of today (Tuesday, 16 April 2019).

See related WGAN Forum post here:

10 Reasons Matterport will acquire GeoCV

Best,

Dan
Post 29 IP   flag post
59586 29 29
destitute