It'll be intersting to see if this is planned w/ USPTO
posted on
Aug 18, 2008 12:42PM
As it seems we could potentially see some USPTO action as early as the end of this month, it'll be interesting to see if these dates and prices referenced in the Crossflo merger agreement are intentional and whether they'll proved to reveal RG's confidence in a positive USPTO outcome, and before 9/16 at the latest:
"The initial Stock Consideration shall consist of $7,400,000 in Patriot Common Stock, the value of which shall be based on the average closing price of Patriot Common Stock on The Electronic Bulletin Board as reported by NASDAQ over the ten trading days immediately preceding the Closing."
Since per the below, it's implied that the the deal should be closed by September 30, the 10 days PRECEEDING September 30, would begin on September 16.
"if the Merger shall not have been consummated before September 30, 2008; provided, however, that the right to terminate this Agreement under this Section 7.1(b)(ii) shall not be available to any party whose failure to perform any material covenant or obligation under this Agreement has been the cause of or resulted in the failure of the Merger to occur on or before such date;"
Wouldn't it be nice to see:
Alright...wishful thinking maybe, but all of those are items that could be already true, in the works, or in the planning stages. Considering RG has pretty much performed on all the things he's outlined so far, the mention of the Sept 30 date in the filing isn't there by accident, and the fact that the higher the share price the better the merger terms could well mean that RG believes the USPTO action on at least one patent will be favorable, and will come sooner rather than later.
Ah....possiblitites. Kind of like the beginning of the NFL season when EVERY team....even including the Miami Dolphins, think they have a chance to win the Super Bowl!