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GeoCVLawLawsuitLegal

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

WGAN Forum
Founder
Atlanta
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 Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user




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

I noticed this (above) from Thursday (8 August 2019). Previously, Friday, 28 June 2019 was the last public court notice.

I downloaded the Notice of Service:

"The undersigned hereby certifies that copies of Plaintiff Matterport Inc.’s List of
Terms/Phrases to be Construed
were caused to be served on August 8, 2019 ..." (It took three pages to say that

Not sure what that means (except no big public news on the Matterport versus GeoCV front).

Best,

Dan

P.S. Wish these two players could figure out a way forward.
Post 30 IP   flag post


WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

BTW, if you read my commentary here:

10 Reasons Matterport will acquire GeoCV

I updated my conclusion/recommendation three months ago that Matterport should;

✓ invest $5 million for 20 percent of GeoCV at a GeoCV valuation of $25 million
✓ license the Matterport tech to GeoCV for $1 per month (amount not made public) with a restriction that this licensing ends with a change in control of GeoCV
✓ NOT take a seat on the board
✓ NOT attempt to influence the direction of GeoCV (let entrepreneurs do their thing)

I then example why Matterport and GeoCV should do this.

Best,

Dan
Post 31 IP   flag post
Standard
Member
Liverpool U.K.
Convrts private msg quote post Address this user
Quote:
Originally Posted by DanSmigrod
Hi All,

I noticed this (above) from Thursday (8 August 2019). Previously, Friday, 28 June 2019 was the last public court notice.

I downloaded the Notice of Service:

"The undersigned hereby certifies that copies of Plaintiff Matterport Inc.’s List of
Terms/Phrases to be Construed
were caused to be served on August 8, 2019 ..." (It took three pages to say that

Not sure what that means (except no big public news on the Matterport versus GeoCV front).

Best,

Dan


P.S. Wish these two players could figure out a way forward.


Thanks for the update Dan, we're all on the edge of our seats waiting to see how this one turns out!
Post 32 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user



@Convrts

Yes. (Me too!)

Hi All,

Matterport and GeoCV have agreed to extend some deadlines ("Amend Scheduling Order" "Exchange Initial Proposed Claim Constructions" to respond since I posted last. (see Screen Grabs above).

I do not understand if the September 9, 2019 deadline to "Exchange Initial Proposed Claim Constructions" was moved to December 12, 2019.

"Joint Claim Construction Brief" is now due 13 December 2019.

I do not know if the extensions are for professional courtesy as parties request additional time or if Matterport and GeoCV are negotiating and moving deadlines back while negotiations proceed.

I'm still hoping for a win-win-win as a result of the negotiations. Please see my commentary here:

10 Reasons Matterport will acquire GeoCV

Since that original post, I revised my thinking that instead of buying GeoCV, Matterport should:

✓ invest $5 million for 20 percent of GeoCV at a GeoCV valuation of $25 million
✓ license the Matterport tech to GeoCV for $1 per month (amount not made public) with a restriction that this licensing ends with a change in control of GeoCV
✓ NOT take a seat on the board
✓ NOT attempt to influence the direction of GeoCV (let entrepreneurs do their thing)

Your thoughts?

Best,

Dan
Post 33 IP   flag post
Kumar private msg quote post Address this user
GeoCV should get through this.

@DanSmigrod, why do you think that GeoCV is on losing side?

MP should not get anywhere in the frame of GCV for the benefit of market.
Post 34 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Quote:
Originally Posted by Kumar
@DanSmigrod, why do you think that GeoCV is on losing side?


I do not recall saying that. Anton is super-smart. I would be surprised if he does not win the lawsuit (if the parties do not settle before the trial).

On Friday (20 September 2019), lawyers for the two sides filed a 146 document that includes the disputed points and counter-points with each side providing citations to support their positions.

Topics include:

A. ’828 Patent (attached as Ex. B.) 1. “three dimensional data
B. ’405 Patent (attached as Ex. C)1. “hole” / 2.
“filling [a/the] hole” / 3. “displaying, by the system, the three dimensional visualization on a graphics display device prior to filling the hole” / 4. “three dimensional data” / 5. “identifying a hole...”
C. C.
’840 Patent (attached as Ex. D)
“filling [a/the] hole...”
In light of the agreed-upon construction of “hole,” the Court should not construe this term. If the Court elects to construe this term, it should be given its plain and ordinary meaning.
“Adding new 3D data corresponding to the identified hole, taking into account the area or boundary of the hole.” 1. “hole” / 2. “filling [a/the] hole” / 3. “displaying the hole on a graphics display device prior to filling the hole” / 4.
“three dimensional data”
D. ’410 Patent (attached as Ex. E) 1. “spatial distortion” / 2.
“three dimensional data”
E. ’111 Patent (attached as Ex. F) 1. “3D data” / 2.
“Generating other 3D data...”
F. ’979 Patent (attached as Ex. G) 1. “waypoint location”
“waypoint location” / 2. “3D data” / 3. “determining... a virtual navigation path...”

Best,

Dan
Post 35 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
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 50+ 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: Matterport versus GeoCV

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 36 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

Since I last posted about the Matterport versus GeoCV lawsuit (above) in September 2019, the following is new ...






I've been trying to download documents 47 and 48 - without success: perhaps because the docket was updated 12 hours ago.

I'll keep you posted.

happy holidays,

Dan

P.S. Last public news on GeoCV:

[BREAKING] GeoCV team joins Occipital
Post 37 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

Matterport's lawsuit against GeoCV is moving forward with a jury trial, the judge in the case announced Friday, 3 January 2020.

The judge, in his Memorandum Opinion issued Friday, writes, "Within five days the parties shall submit a proposed order consistent with this Memorandum Opinion suitable for submission to the jury."

While much of the opinion is over-my-head, my impression is that the judge ruled in most cases where the two sides could not agree on the definition of disputed terms, to go with "Plain and ordinary meaning" or "how 'a person of ordinary skill in the art in question at the time of the invention' would have understood the term."

If you would like to see the actual judge's Memorandum Opinion - and other legal documents in the case - please Private Message me with the Subject Line: What Would Judge Judy Say

Best,

Dan
Post 38 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

Matterport filed its lawsuit against GeoCV on 11 October 2018 and it's still going ...




I wonder if the judge has asked the two sides to see if they can mediate - rather than litigate.

My guess is that Matterport will continue to litigate. And, GeoCV investors will continue to defend.

Obviously, my two big predictions on this matter - in this WGAN Forum discussion - have not panned out:

10 Reasons Matterport will acquire GeoCV

What are your thoughts?

Dan
Post 39 IP   flag post
Kumar private msg quote post Address this user
Matterport will continue till GeoCV gives up.

If GeoCV were in play they could have made necessary changes/adjustments to get away with commonalities to required degree but having officially shut I am afraid they will be forced to closed down once for all?

I wish to be totally wrong with my prediction though!!!
Post 40 IP   flag post
Changesin3d private msg quote post Address this user
I have a feeling piles of litigation are going to land at Matterports front porch in the coming months, they are not responsive to their MSPs. I have not even see the promised MSP Badge and it looks like they are taking apart the MSP Program all together. I see no reference they are not advertising the MSP Program on their website anymore.

They are not telling us how to deal with CCPA or answer direct questions about how they use our data. As a society we are moving into a time society realizes people are losing privacy and the scan of their homes are going to be an issue. (my opinion)

Even here on this forum there are references to more lawsuits Matterport is dealing with. I say it gets more not less interesting in the next 6 months for Matterport.
Post 41 IP   flag post
Gerhard private msg quote post Address this user
@Changesin3d They cannot even get the basics right at Matterport.

We have been asking now for over 5 years for :

White Labeling
Reflection Removal
Selfhosting
Password Protection
Online Backup of tours

Thye have our wishlist now for years.

But they are more focused on selling cameras to our customers, cheapening our service charges, rather building a product that the market wants and needs, and listen to their customers who built their brand and not their PR company. Why not update the player and user experience than your websites and branding?

I have a client that asked me to reshoot their whole hotel I have done with Matterport 4 months ago with Geocv as they saw the product and just said wow wow wow we want this immediately as Matterport is not as sexy and have the functionality. Who wants to see a big black box on a tripod in the bathroom mirrors in a $5000 per night hotel room virtual tour.... Nobody ... and no we don't drop it below the mirror as that is just stupid workaround and looks rubbish.

But I know I am just wasting my time writing this as it falls on death / deaf ears.
Post 42 IP   flag post
andreabortolot private msg quote post Address this user
@Gerhard
do you want me to come and shoot your client's hotel with Geocv?
We can also do the exteriors with 3D textured model, which MP do not allow.
Post 43 IP   flag post
Kumar private msg quote post Address this user
@andreabortolot
Some competition

More options to choose from for GeoCV.
All needs meet here.
Post 44 IP   flag post
andreabortolot private msg quote post Address this user
@Kumar: yes! some good and friendly competition with you!
But you are closer to RSA
Post 45 IP   flag post
Gerhard private msg quote post Address this user
@andreabortolot We can also do the exteriors with 3D textured model, which MP do not allow. Do you have a sample of that can you can share with me ?
Post 46 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
Hi All,

A WGAN Member that owns a GeoCV Kit posted to the WGAN Private Group for Buying/Selling Used Gear today (28 January 2020).

I am looking for x5 GeocV cameras. Willing to pay USD $5000 for each.

Join this WGAN Private Group: Buy-Sell Used Matterport Cameras (and Related Gear) (No charge for WGAN Basic, Standard and Premium Members whom can Private Message me to be added.)

Best,

Dan
Post 47 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user

Screen Grab

Hi All,

Wonder what it means that IP Litigation Attorney at Morris, Nichols, Arsht & Tunnell LLP Stephen Kraftschik withdrew from representing Matterport (14 February 2020).

Best,

Dan
Post 48 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user

Screen Grab.

Hi All,

A party interested in this Matterport versus GeoCV lawsuit writes me today (Tuesday, 17 March 2020):

---

Looks like [Matterport] legal team is dropping lawyers from Orrick.

Clem Roberts was the only heavyweight on that time with some heavyweight clients like Fitbit and Ring.

(If the court grants a motion for judgment on the pleadings in favor of GeoCV, the case is dismissed "with prejudice," meaning that [Matterport] may not file another case seeking relief for the same claim in the future.)

---

Dan
Post 49 IP   flag post
Kumar private msg quote post Address this user
Dan, can you confirm this with cross verification?

Great news for gcv and the market of virtual tours.
Post 50 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
@Kumar

Hopefully, someone that reads this can Private Message me "cross verification" ...

Thanks,

Dan
Post 51 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user



Hi All,

Yesterday (Monday, 23 March 2020), a MOTION for Judgment on the Pleadings with both briefs due by 18 May 2020.

Once those two briefs are filed, each side will likely decide if they want to settle prior to trial, or continue to the trial stage.

Dan
Post 52 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user



Hi All,

I received this note today (28 April 2020):

---

GeoCV submitted a motion for judgment on the pleadings and MP has replied [Monday, 27 April 2020].

GeoCV asserts that Matterport’s claim is baseless without merit.

Because a motion for judgment on the pleadings can highlight for the court its ability to resolve the case without more evidence, if the judge decides in favor of GeoCV’s motion, there can be a prompt resolution of the dispute by the judge in 30-45 days.

The tentative trial date is 6/14/21....let’s see if MP wants to burn through some more money for a year on this. If they decide not to settle, it reflects how much they are afraid of GeoCV technology."

---

I could imagine that any defendant would argue:

"... claim is baseless without merit."

If the case continues to drag on, it could go to trial 14 June 2021. That's still more than a year from now.

What are your thoughts?

Dan
Post 53 IP   flag post
ron0987 private msg quote post Address this user
I though GeoCV has moved over to a new company and we cannot get new equipment, other than clear there name what would this do to regenerate the business, or am I thinking of a different business.
Post 54 IP   flag post
WGAN Forum
Founder
Atlanta
DanSmigrod private msg quote post Address this user
@ron0987

My understanding is that:

✓ there are no employees remaining at GeoCV
✓ GeoCV platform still works for those that have the GeoCV Kit
✓ not possible to buy a GeoCV Kit from GeoCV
✓ existing GeoCV Kit owners would like to buy MORE GeoCV Kits
✓ only one GeoCV Kit may have been posted/sold via WGAN Private Group to Buy-Sell Used Gear
✓ GeoCV Kit owners the GeoCV platform
✓ Once this lawsuit gets resolved in favor of GeoCV - my prediction - the flood gates will open for GeoCV Kit orders

Best,

Dan

P.S. Matterport should have bought or invested in GeoCV ...

10 Reasons Matterport will acquire GeoCV
Post 55 IP   flag post
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