General thoughts
posted on
Oct 28, 2008 09:36AM
I read a few posts where the posters wrote about the possibility of the patents being invalidated. I haven't seen any responses to those posts yet. Based on my understanding of patents, for a patent to be invalidated ALL claims have to be invalidated. For the 584, 148 and 336 the USPTO has not attempted to invalidate all claims. Based on the replies by Moore, none of the claims in question have been modified. So if the patents are reapproved as they are now the claims that resulted in over 250 million being received in 3 years, will still be valid. Lets assume a worst case scenario for a moment. That scenario would result in one or more of the claims being found invalid. Even if that happens there are other claims on each of those patents which TPL can enforce.
While I am not happy about the possibility of dilution happening, my understanding is that the purpose of increasing the number of outstanding shares is to provide "adequate currency value". That RG wants 100 million shares does not mean that he will use them. Chances are he could but the way I understood his last letter, it is mainly a leveraging tool. It does not mean that he does not expect to receive 20 million more. It merely means that he is uncertain when he will receive the money. In the meantime if an ideal company does become interested in becoming part of PTSC, if RG does not have enough leverage then that opportunity will simply pass by. Or one or more of the patents could be approved next month, new shareholders jump in, the shareprice shoots up, more companies settle and he won't have to dilute or he won't have to dilute as much.
I think it is very clear from some of the posts that existing shareholders will be happier if CJ resigns. CJ appears to be the biggest impediment to the improvement of PTSC shares. It appears that existing shareholders are reluctant to approve RG's proposals or unwilling to invest more in PTSC, out of distrust.
Finally, PTSC can no longer be considered a patent troll. If the T3 case goes to trial, the jury will be more forgiving towards an operating company rather than a company that appears to be a simple patent troll.