Re: Advice re: recent settlements
in response to
by
posted on
Dec 25, 2007 07:57AM
Yesterday I posed this question, and (as often happens, it seems) received no responses.
"Am I alone with the thought that we may get some forward-looking guidance before that time [mid-April, '08]? Like maybe a year end "state of the company" letter from JT? Or perhaps accompanying the Jan 15 10Q? I'm talking a statement of aggregate funds received to date, and maybe even expected further proceeds in the FY. Is such a thing impossible?
Comments/opinions are solicited...."
So I did a bit of digging, looking for relatively recent past statements from the company, e.g., "Here's our 10Q, but these things/monies happenned between the end of the qtr and the date of this reporting". Here's what I found:
This one is from about one year ago, 1/18/07, the letter accompanying the 2Q 10Q:
"Phoenix Digital entered into licensing agreements with aggregate proceeds of $7,320,000 during December 2006. The dollar amount for each licensing deal varies, depending upon factors that include among other things the relevance of the patents to each licensee's revenue and the extent to which the patented technology is incorporated into specific products."
This one is from 4/24/07, the letter accompanying the 3Q 10Q:
"In March and April 2007, Phoenix Digital entered into licensing agreements with aggregate proceeds of $22,140,000. The dollar amount for each licensing deal varies, depending upon factors that include among other things the relevance of the patents to each licensee's revenue and the extent to which the patented technology is incorporated into specific products."
The 10k Annual results letter DID NOT contain language "bringing us up to date" on aggregate monies received from licensing between the time of fiscal year end and the reporting date. Such insight may be buried in the 10K, however. It should also be noted that I believe there was only one licensee in the period 5/31/07 to 8/15/07, that being Bull, so including such a statement (as had been done previously per the above examples) would reveal the exact amount Bull paid (which would not be in our best interest, and may have violated any associated NDAs/confidentiality agreements with Bull).
In the 10/11/07 1Q 10Q, the "customary" language changed a bit, with this statement:
"Our portfolio licensing strategy through our joint venture with TPL has provided the company with over $75 million in earnings to date," said Patriot Scientific CEO Jim Turley."
This was not as clear as to revenues from the end of the reported quarter to the date of reporting, but does give some insight (it would be pretty easy to figure out "the number"). I should also note that in this PR there was "bring it up to date" info on warrant repurchase and stock buy-backs.
So, from the above, there is a history of the company providing "bring it up to date" info on things happenning between the end of the affected qtr and the date of reporting. The language of the first two were very clear, and implied that there is a requirement to provide such insight. And these were under Pohl's watch. The language of the second two is either non-existent (1Q) - for obvious reasons, or a lot less clear (2Q) but "workable". These were under JT's watch.
Based on the above, it certainly appears that there is a real possibility of us getting a "bring it up to date" statement of some sort with the upcoming 3Q 10Q in mid-January.
It appears there were five (5) new licensees reported in December '07, excluding the 3-4 out of the TX settlement (4? - should JVC be counted as separate licensee sense they are separately identified?), and there may/will be more reported before the 3Q 10Q report and associated PR come out. Will these be "enough" to adequately disguise the TX settlement(s) amounts?
Bottom line: I really hope we get language in the upcoming 10Q PR like was provided a year ago, advising of aggregate monies received from licensing since the end of the reported qtr.!
It was consistent under Pohl, less so with Turley. And I do wonder if there is a requirement to provide such insight while not divulging exact numbers from each licensee.
While we already got a premature Xmas present from PTSC with positive results (IMO) out of TX, that present wasn't really from PTSC, but from TPL and T&T. So I'm hoping PTSC comes through with its gift come mid-January! I DO NOT WANT TO HAVE TO WAIT TILL APRIL! LOL
In the mean time, Alliacense can bring on some more licensees to further disguise the TX settlement numbers, better enabling that PTSC gift - an aggregate number for 1 December to ~15 January.
I want this belated Xmas gift, with an acquisition "stalking stuffer" (or "stocking stuffer"?)! Maybe a letter to Santa Turley? Hey, this is it! LOL
This I KNOW!
SGE