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Message: Re: The only way to see it positive...gcduck
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Sep 13, 2008 02:08AM

Sep 13, 2008 07:39AM

I haven't read ali the messages posted since "the invite" came out, so some of the following may be redundant. But heregoes, mostly in response to your message/assumptions.

First, I'm not happy with the proposed increase in authorized Options Plan shares. But then again, we've now got some very high-powered executes on board, and probably want to attract more. Gotta have a carrot....

I'm not happy with the proposed increase in authorized common shares. But in conflict with your Assumtion #1 (RG expecting a positive USPTO outcome), I strongly suspect this is more a "hedging your bet" proposition. There is no certainty regarding the USPTO outcomes, or that even one will survive the current re-exams (possibly necessitating appeals which could take years). RG recognizes this, and was probably (IMO) compelled to do something to create assets that can be used to further the M&A acquisition strategy. With relatively little cash and no absoute assurance that more is coming soon, he needs bargaining chips in the form of shares with which to pursue more acquisitions.

To hit on your discussions as to RG's grand plan (and what I perceive as your suggestion that he needs to disclose such plan), IMO the PLAN is already out there - clear as a bell. IMO, he's told us all he can, and it should be enough. He plans to acquire more companies/equity stakes in companies that offer synergies with existing all out acquisitions already made, or very promising possibilities similar to those suggested in the equity stakes already taken. The plan is stated in this filing/letter/invite, and is in exact concert with the previously revealed plans. I don't know what further he could possibly tells us along these lines short of disclosing other target companies (which would be dumb).

One further thought along the lines of the proposed additional common shares. I would bet that if we get one positive USPTO decision soon, this proposed action would be withdrawn. That uncertainty would be gone, and the certainty of more cash flowing from the MMP would be greatly enhanced. That cash would then replace the proposed additional common shares as bargaining chips for future acquisitions. But the way it is at this moment, he's covered his need for bargaining chips in one form or another (shares or cash) to continue to pursue his plan - acquire, acquire, acquire.

Two last observations:

Swartz probably isn't gone, and may still hold some 20M shares (but less than 5% of OS).

There is no proposed increase in authorized Preferred Shares, suggesting that there is little if any intent to use such shares for acquisitions.

JMHO, FWIW, and I KNOW nuttin'!

SGE

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Sep 13, 2008 10:52AM
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Sep 13, 2008 02:33PM
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Sep 13, 2008 02:53PM

Sep 13, 2008 07:59PM
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