Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.
Message: Commitments and Contingencies (continued)
Commitments and Contingencies (continued)
On April 25, 2008, we and TPL filed five patent infringement lawsuits in the Eastern District of Texas against HTC, Acer and Asustek. These suits allege infringement by HTC and Acer with respect to the '336 '749 '584 and '148 patents; and by Asustek with respect to the '336, '749 and '584 patents. On June 4, 2008, we and TPL filed patent infringement lawsuits against those parties in the Eastern District of Texas with respect to the ‘890 patent of the MMP Portfolio. The Asustek action in the Eastern District of Texas is inclusive of matters with respect to two patents owned by TPL that are not a part of the MMP Portfolio, and accordingly we are not engaged in this aspect of the litigation and defense (collectively, these cases are referred to as the "T-3" Litigation).
Motions to dismiss or transfer the Northern District of California actions to the Eastern District of Texas were heard on September 19, 2008 by U.S. District Judge Jeremy Fogel and subsequently denied. Whether the Texas action will be transferred in whole or in part to Judge Fogel has not been determined. The discovery phase has just begun with trial expected to be scheduled in late 2009 or early 2010.
On December 22, 2008, we announced that Asustek had purchased a MMP Portfolio license, leaving HTC and Acer as the remaining defendants in the above action.
On December 1, 2008, we, TPL and Alliascense, Ltd. were named as defendants in a lawsuit filed in the Northern District of California by Barco, N.V. The Barco case seeks declaratory relief that its products do not infringe enforceable claims of the '584, '749 and '890 patents. We anticipate responding to the Complaint in early 2009.
Deutsche Bank Arbitration
On October 16, 2008, we initiated binding arbitration claims before FINRA against Deutsche Bank Securities, Inc., and affiliates ("DBSI") based on advisory services provided to us resulting in our purchases of auction rate securities ("ARS") and the failure of the ARS market in February 2008. We experienced a loss of liquidity and other damages as a result, and allege DBSI engaged in negligence and nondisclosure in providing us services. DBSI has not yet responded to the claim. Some instruments have been repurchased by the issuers since the claim was filed.
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