News Affiliate Marketing Patent Is INVALID :warning - GoFuckYourself.com

Niktamer · 02-12-2015, 03:51 PM

Together with Clickbooth, we teamed up and justice was made.

Press Release:

Crakmedia wins Judgment against Essociate | CrakRevenue

Crakmedia, a leader in the affiliate marketing industry, announced today that it won a judgment in a hard-fought patent infringement case that was filed against the company last year by Plaintiff Essociate, Inc.

Essociate owns U.S. Patent No. 6,804,660 (“660 patent’), issued to Evan Horowitz and Michael Landau in 2004 by the U.S. Patent & Trademark Office. The patent describes a method and system for configuring an existing affiliate network to receive “virtual affiliates” from an affiliate pooling network. For years, Essociate has claimed to own the concept of affiliate pooling, and it has used its patent to sue more than twenty companies in the affiliate networking space for infringing the ‘660 patent. According to industry reports, Essociate has obtained settlements from the companies it has sued simply because settling was more economically feasible for these companies than paying law firms to defend them.

Essociate sued Crakmedia, targeting their affiliate program CrakRevenue.com in April 2014 in the United States District Court for the Central District of California, where it had sued most of the other defendants. Essociate alleged willful patent infringement and asked to be awarded damages, lost profits, attorney fees, and a permanent injunction.

But unlike many other companies, Crakmedia decided not to settle. In January 2015, after months of litigation, Crakmedia obtained an order from the District Court striking all of Essociate’s infringement contentions. Crakmedia then teamed up with Clickbooth.com, which had also been sued, to challenge the validity of the Essociate patent under the United States Supreme Court’s recent decision in CLS Banks v. Alice Corp. The District Court granted Crakmedia’s motion, declaring Essociate’s patent claims invalid. This is a significant case for companies accused of infringing Internet patents that try to monopolize abstract ideas of doing business on the Internet.

Crakmedia’s CEOs and co-founders, Nicolas Chretien and Xavier Farooghi, said about the decision, “Crakmedia respects and believes in intellectual property rights. But we were determined not to give in to a frivolous lawsuit. We did not infringe Essociate’s patent and we never believed Essociate should have been allowed to patent the concept of affiliate pooling.”

Crakmedia is represented by Ben M. Davidson of the Davidson Law Group in Los Angeles, California.

More links on the Essociate Crusade against the affiliate marketing world that was terminated this week.

CrakMedia, ClickBooth Win Legal Fight Over Affiliate Program Patent - XBIZ.com

Essociate Threatens to Shut Down Industry | Performance Marketing Insider

Affiliate Networks: Death by Patent Infringement? - - Klein Moynihan Turco LLP Publication

Online Affiliate Marketing Is Patented?

https://cyberlawradio.wordpress.com/...tent-lawsuits/

Argument against Essociate Patent Troll

We are very happy happy the decision, it was really expansive and time consuming to stand our ground, but the satisfaction of justice worth the fight for our right. I would do it again any time.

DVTimes · 02-12-2015, 03:54 PM

well done 4 you

robwod · 02-12-2015, 04:17 PM

Evan Horowitz? As in HuntingMoon Evan Horowitz?

Bladewire · 02-12-2015, 04:20 PM

Does this mean they lose the $1,000,000 in licensing fees they currently make on that patent? Damn that would suck! SOURCE

ITraffic · 02-12-2015, 04:28 PM

News :: Essociate Affiliate Network

baddog · 02-12-2015, 04:42 PM

Quote:

Originally Posted by robwod

Evan Horowitz? As in HuntingMoon Evan Horowitz?

yep

Quote:

Originally Posted by Squirtit

Does this mean they lose the $1,000,000 in licensing fees they currently make on that patent? Damn that would suck! SOURCE

Would you keep paying?

Quote:

Originally Posted by ITraffic

News :: Essociate Affiliate Network

Crakmedia then teamed up with Clickbooth.com, which had also been sued, to challenge the validity of the Essociate patent under the United States Supreme Court?s recent decision in CLS Banks v. Alice Corp. The District Court granted Crakmedia?s motion, declaring Essociate?s patent claims invalid. This is a significant case for companies accused of infringing Internet patents that try to monopolize abstract ideas of doing business on the Internet.

directfiesta · 02-12-2015, 04:51 PM

Quote:

Originally Posted by robwod

Evan Horowitz? As in HuntingMoon Evan Horowitz?

yep...

MaDalton · 02-12-2015, 04:52 PM

just so i understand: Evan is suing industry peers since 2004 and no one said a word until now?

Fat Panda · 02-12-2015, 04:54 PM

Quote:

?Crakmedia respects and believes in intellectual property rights."

now thats fucking funny

AdultKing · 02-12-2015, 05:04 PM

Quote:

Originally Posted by MaDalton

just so i understand: Evan is suing industry peers since 2004 and no one said a word until now?

Does he still own the "patent" or did he sell it on ?

The Porn Nerd · 02-12-2015, 05:21 PM

Congratulations to Crak. Sucks to be sued, especially for a BS money grab like this one.

Phoenix · 02-12-2015, 05:35 PM

Quote:

Originally Posted by MaDalton

just so i understand: Evan is suing industry peers since 2004 and no one said a word until now?

It is well known. Even discussed here a few times

Rochard · 02-12-2015, 05:58 PM

Never heard of them but great for you guys. Nicely done.

Harmon · 02-12-2015, 06:31 PM

https://gfy.com/fucking-around-and-pr...ple-sales.html

Jman · 02-12-2015, 06:34 PM

Great turn out for you guys ;)

pornguy · 02-13-2015, 05:51 AM

Hopefully people will bail out of having anything to do with him.

What an ass.

Oracle Porn · 02-13-2015, 07:12 AM

https://gfy.com/fucking-around-and-pr...ys-coming.html

this thread is from 2004

Kenny B! · 02-13-2015, 07:41 AM

Good on you Nick

Brent 3dSexCash · 02-13-2015, 08:46 AM

I thought Crak Media was based in Canada. Why would a US patent even be an issue for them?

CaptainHowdy · 02-13-2015, 08:47 AM

Concraks

...

Roald · 02-13-2015, 08:55 AM

Congrats!

JFK · 02-13-2015, 09:13 AM

Quote:

Originally Posted by Brent 3dSexCash

I thought Crak Media was based in Canada. Why would a US patent even be an issue for them?

It is the Internet, they do business in the States ?

trevesty · 02-13-2015, 09:30 AM

Great news

ITraffic · 02-13-2015, 09:36 AM

Brent 3dSexCash · 02-13-2015, 09:36 AM

Quote:

Originally Posted by JFK

It is the Internet, they do business in the States ?

Yeah, I am not sure how it works with intangibles. That is the problem with the current law as it pertains to non tangibles or the flow of information being patentable... Maybe they went after them for encouraging infringement by encouraging US affiliates to sign up. Just seems since they are a Canadian company using servers outside the states, they could get around it if the patent only existed in the states.

Bladewire · 02-13-2015, 09:55 AM

Quote:

Originally Posted by Oracle Porn

https://gfy.com/fucking-around-and-pr...ys-coming.html

this thread is from 2004

What a blast from the past good find

seeandsee · 02-13-2015, 01:10 PM

Congrats on the win

02-12-2015, 03:51 PM	#1
Niktamer Lord of the Leads Industry Role: Join Date: May 2005 Location: Canada Posts: 3,021	Affiliate Marketing Patent Is INVALID :warning Together with Clickbooth, we teamed up and justice was made. Press Release: Crakmedia wins Judgment against Essociate \| CrakRevenue Crakmedia, a leader in the affiliate marketing industry, announced today that it won a judgment in a hard-fought patent infringement case that was filed against the company last year by Plaintiff Essociate, Inc. Essociate owns U.S. Patent No. 6,804,660 (“660 patent’), issued to Evan Horowitz and Michael Landau in 2004 by the U.S. Patent & Trademark Office. The patent describes a method and system for configuring an existing affiliate network to receive “virtual affiliates” from an affiliate pooling network. For years, Essociate has claimed to own the concept of affiliate pooling, and it has used its patent to sue more than twenty companies in the affiliate networking space for infringing the ‘660 patent. According to industry reports, Essociate has obtained settlements from the companies it has sued simply because settling was more economically feasible for these companies than paying law firms to defend them. Essociate sued Crakmedia, targeting their affiliate program CrakRevenue.com in April 2014 in the United States District Court for the Central District of California, where it had sued most of the other defendants. Essociate alleged willful patent infringement and asked to be awarded damages, lost profits, attorney fees, and a permanent injunction. But unlike many other companies, Crakmedia decided not to settle. In January 2015, after months of litigation, Crakmedia obtained an order from the District Court striking all of Essociate’s infringement contentions. Crakmedia then teamed up with Clickbooth.com, which had also been sued, to challenge the validity of the Essociate patent under the United States Supreme Court’s recent decision in CLS Banks v. Alice Corp. The District Court granted Crakmedia’s motion, declaring Essociate’s patent claims invalid. This is a significant case for companies accused of infringing Internet patents that try to monopolize abstract ideas of doing business on the Internet. Crakmedia’s CEOs and co-founders, Nicolas Chretien and Xavier Farooghi, said about the decision, “Crakmedia respects and believes in intellectual property rights. But we were determined not to give in to a frivolous lawsuit. We did not infringe Essociate’s patent and we never believed Essociate should have been allowed to patent the concept of affiliate pooling.” Crakmedia is represented by Ben M. Davidson of the Davidson Law Group in Los Angeles, California. More links on the Essociate Crusade against the affiliate marketing world that was terminated this week. CrakMedia, ClickBooth Win Legal Fight Over Affiliate Program Patent - XBIZ.com Essociate Threatens to Shut Down Industry \| Performance Marketing Insider Affiliate Networks: Death by Patent Infringement? - - Klein Moynihan Turco LLP Publication Online Affiliate Marketing Is Patented? https://cyberlawradio.wordpress.com/...tent-lawsuits/ Argument against Essociate Patent Troll We are very happy happy the decision, it was really expansive and time consuming to stand our ground, but the satisfaction of justice worth the fight for our right. I would do it again any time. __________________

02-12-2015, 03:54 PM	#2
DVTimes xxx Industry Role: Join Date: Jun 2003 Location: UK Posts: 31,544	well done 4 you __________________ The Affiliate Program

02-12-2015, 04:17 PM	#3
robwod Confirmed User Industry Role: Join Date: Nov 2005 Posts: 2,539	Evan Horowitz? As in HuntingMoon Evan Horowitz? __________________ NSFW

02-12-2015, 04:20 PM	#4
Bladewire StraightBro Industry Role: Join Date: Aug 2003 Location: Monarch Beach, CA USA Posts: 56,229	Does this mean they lose the $1,000,000 in licensing fees they currently make on that patent? Damn that would suck! SOURCE __________________ Skype: CallTomNow

02-12-2015, 04:52 PM	#8
MaDalton I am Amazing Content! Industry Role: Join Date: Feb 2004 Posts: 39,822	just so i understand: Evan is suing industry peers since 2004 and no one said a word until now? __________________ AmazingContent.com - providing only the best content and service since 2003 Monetize your content on Veegaz.com - one of Germanies largest VOD sites Got German traffic? We convert it into money for you! Skype: madalton02826 - Email: oltecconsult [at] gmail [dot] com

02-12-2015, 04:28 PM	#5
ITraffic Confirmed User Industry Role: Join Date: Jul 2013 Posts: 2,725	News :: Essociate Affiliate Network

02-12-2015, 05:21 PM	#11
The Porn Nerd Living The Dream Industry Role: Join Date: Jun 2009 Location: Inside a Monitor Posts: 19,524	Congratulations to Crak. Sucks to be sued, especially for a BS money grab like this one. __________________ My Affiliate Programs: Porn Nerd Cash \| Porn Showcase \| Aggressive Gold Over 90 paysites to promote! Now on Teams: peabodymedia

02-12-2015, 05:58 PM	#13
Rochard Jägermeister Test Pilot Industry Role: Join Date: Dec 2001 Location: NORCAL Posts: 73,170	Never heard of them but great for you guys. Nicely done. __________________ “The choice is no longer between right or left. The choice is between normal and crazy.” - Sarah Huckabee Sanders YNOT MAIL \| THE BEST ADULT MAILING SOLUTION

02-12-2015, 06:31 PM	#14
Harmon ( ͡ʘ╭͜ʖ╮͡ʘ) Industry Role: Join Date: Mar 2004 Posts: 20,000	https://gfy.com/fucking-around-and-pr...ple-sales.html __________________ [email protected]

02-12-2015, 06:34 PM	#15
Jman Too lazy to set a custom title Industry Role: Join Date: Sep 2003 Location: Canuckstikan Posts: 22,679	Great turn out for you guys ;) __________________ Wowify AI API Porn.AI Affiliates Porn AI email: [email protected] Teams: jean.francois.laverdiere TG: @jman1216

02-13-2015, 05:51 AM	#16
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	Hopefully people will bail out of having anything to do with him. What an ass. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

02-13-2015, 07:12 AM	#17
Oracle Porn Affiliate Industry Role: Join Date: Oct 2002 Location: Icq: 94-399-723 Posts: 24,433	https://gfy.com/fucking-around-and-pr...ys-coming.html this thread is from 2004 __________________

02-13-2015, 07:41 AM	#18
Kenny B! Confirmed Abuser Industry Role: Join Date: Jun 2003 Location: Montreal Posts: 5,717	Good on you Nick __________________ Kenny -at- YourPaysitePartner.com Skype: kennyb514 Do business with us: Your Paysite Partner Kenny's Pennies Sticky Dollars Radical Cash Indie Bucks Stand Ahead Read My Ambush Interview Here

02-13-2015, 08:46 AM	#19
Brent 3dSexCash Octopus Anime Industry Role: Join Date: Sep 2007 Location: Chicago Posts: 1,062	I thought Crak Media was based in Canada. Why would a US patent even be an issue for them?

02-13-2015, 08:47 AM	#20
CaptainHowdy Too lazy to set a custom title Industry Role: Join Date: Dec 2004 Location: Happy in the dark. Posts: 93,117	Concraks ... __________________ FLASH SALE INSANITY! deal with a 100% Trusted Seller Buy Traffic Spots on a High-Quality Network 1 Year or Lifetime — That’s Right, Until the Internet Explodes!

02-13-2015, 08:55 AM	#21
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02-13-2015, 09:30 AM	#23
trevesty Confirmed User Industry Role: Join Date: Aug 2006 Location: Midwest Posts: 3,802	Great news

02-13-2015, 09:36 AM	#24
ITraffic Confirmed User Industry Role: Join Date: Jul 2013 Posts: 2,725

02-13-2015, 01:10 PM	#27
seeandsee Check SIG! Industry Role: Join Date: Mar 2006 Location: Europe (Skype: gojkoas) Posts: 50,945	Congrats on the win __________________ BUY MY SIG - 50$/Year Contact here