Date:

Tue, 8 Mar 2005 13:27:16 -0800 (PST)

From:

"Commando Dave" <bulzidave@yahoo.com> 

Subject:

Re: Unfinished Seed, IP Business

To:

"Rondeau, Jr., George" <georgerondeau@dwt.com>

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Mr: Rondeau:

 

Thank you again for your reply.

 

Since you are “still not convinced” that you should be

involved with this matter, I’ll be more direct.  You

are involved in this matter.  I specifically went to

Seed’s website to find you.  When you were not there,

I located you nonetheless.

 

Allow me to me reiterate, that I sought out Seed &

Berry for one main reason, George B. Fox, the only

African-American, intellectual property attorney in

Seattle.  As an African-American inventor, that was a

necessary relationship for me; proprietarily and

intellectually. 

 

After my patent search with another firm, it was

imperative to find an attorney like Mr. Fox. And the

moment I stepped off the elevator on the 63rd floor of

the Columbia Center, I got the feeling that I would be

taken care of by Seed & Berry.  Meeting Mr. Fox

immediately cemented that feeling and working with him

on the development of my intellectual property, gave

me unshakable faith in the firm.   

 

So there is no doubt in my mind that had Mr. Fox not

taken ill, we would not be having these discussions.

But unfortunately during his absence, the matter of

patent infringement by (StairMaster Sports Medical

Products, Inc., now Nautilus, Inc.) a Seed & Berry

client came to the fore.  I, among others with whom

I’ve conferred, believe this should have simply

resulted in an “in-house, amicable, ‘business is

business,’ agreement of parties.”  Yet, my notes

indicate it was your decision to side with the “more

important Seed & Berry client” and forego such an

agreement.

 

After waiting a few years for Mr. Fox to recover, I

conferred with him on this matter.  He left no

question about your role as Partner at Seed & Berry or

your “straight shooter” mentality.  In fact, Mr. Fox

got me believing in a code of ethics in addition to

the one you have referred to.  Simply stated, because

of my connection to Seed & Berry through Mr. Fox, I’m

connected to you through Mr. Fox and Seed & Berry.

Even in his most difficult stage of recovery, Mr. Fox

said, “George Rondeau is the Man.

 

As you wrote, attorneys may generally be “advised to

avoid even any potential appearance of conflict of

interest,” however I trust you’re beginning to see

this is a matter of mutual interest.  Additionally, I

trust it is clearer why your “past experience at the

Seed & Berry firm,” is not only “a good idea,” but a

reasonably logical one for resolution. I appreciate

you reiterating “there are plenty of other good patent

attorneys in Seattle...,” but that is neither a

reasonable nor logical move for me at this point. 

 

This is a “connect the dots” intellectual property

matter.  From the idea, to the patent search, to Seed

& Berry, to product development, to marketing, to

manufacturing, to distribution, to product refinement,

to patent, to patent infringement, to conflict of

interest, to non-resolution, to seven-year runaround,

to still unresolved, to Seed IP, to you.  This case

involves complexities that require a simple solution

that you undoubtedly can facilitate.

 

I agree there are other good patent attorneys, but

you’re the one that made a crucial decision in this

matter.  You’re the one with the connection with

Nautilus, Inc. to resolve this matter expeditiously

and quietly, once and for all. And you’re the one with

as much to gain as I have to lose.  The suggestion in

my February 23, 2005 eMail to which you referenced,

“…expediently facilitate a deal, with a percentage

going to your firm,” was merely pointing to one of

many possible gains.  Nonetheless, payment for your

services does not present a problem. 

 

I trust you now understand why “a smaller firm” that

can give me “legal representation completely

independent of any prior connection with the Seed &

Berry firm by an attorney with a lower billing rate or

perhaps one willing to work based on a percentage of

the recovery,” is of no interest or value to me.

You’ve read the background information, so as a

specialist, in intellectual property dispute,

resolution and enforcement, at this point, you have

the best “evaluation of my situation and the potential

damage recovery,” since I’ve presented the “practical

factors and best strategy” to make “infringement

litigation” completely unnecessary.

 

Mr. Rondeau I’m not trying to flatter you.  I just

know what I know.  Not only are you the best attorney

to serve my needs, you are the only one that can

satisfy this uniquely complicated situation.  I

strongly suggest that we start working towards that

end.

 

Please confirm receipt. Thank you.

 

Standing by;

 

Commando Dave

Bulzi Marketing Group

http://Bulzi.net

253.222.3091