L2007S, IMO you are getting hung up on
in response to
by
posted on
Dec 30, 2007 07:00PM
an 8K not being filed in the case of a Material event. However, please understand that based on SEC rules the settlement/business resolution obviously involves a business as usual Grant/License to use the MMP technology and therefore does NOT require an 8K. The operative words being: Business as usual.
As far as TT&C agreeing to some money in 2008 and more "if" the USPTO rules in our favor and the patents remain valid, I'm sorry but IMO this is Not happening.
If this was a sticking point for the J3, why didn't we take them all the way to Trial? What did we have to lose? What did they have to lose? Try triple damages. Remember the only claim construction the jury could hear was what JW ruled on and the Markman was in our favor. Did you read what the defenses "expert" witness had to say?
It was a joke IMO. How were the J3 going to invalidate our patents without the PTO invalidating them? Well they were trying to say there was improper behavior and lying to the PTO and a question over who was the true Inventor. Remember the Higgens, Shaw, Hamilton issue? All classic defenses and yet we have a settlement agreement.
Also keep in mind that the PTO review is ex parte and our side is in close contact with the examiner..........NOT the defendants.
Also keep in mind that if the PTO had in fact invalidated our patents we have the right to appeal and this would hang this case up for a long long time.
No, IMO we are NOT waiting to get paid until the PTO rules. This has been discussed at length and with all due respect I do not think you are on the right track here..........but with that being said, this is obviously My opinion too. lol
Also, as noted by other posters, some months ago TPL heavily engaged in hiring and extending its accounting personnel. Is TPL/PTSC getting ready to modify and prepare PDS for the handling
of future Royalties.?
Who knows, but a strong possibility remains.
The words "business resolution" are "saving face" words IMO and quite possibly allude to ongoing relations in the collection of Royalties.
GLTA
Deb and Dave