1. It has been public knowledge that the patents 148 and 336 had NON FINAL ACTIONS,, for many months now....that is almost standard in a reexam..

2. The opposition will use any terminology they can to try an increase their position with the judge/jury....LIKEWISE our attorneys would counter with obvious answers of such nature that they explain that the claims in question are NOT FINALIZED and still in review..

3. That being the case and until any patent is totally denied or invalidated, that patent is still an ACTIVE PATENT and can be enforced...most potential infringers though will not agree to licensing as long as their is a question out there on which, if any or all, claims or the whole patent will survive...just what any good businessman would do...those that do agree to licensing during this period...as we have seen...will usually be small $$$$ licensees and deem payment as cheaper than fighting it and paying up to $2MM to do so...thus the average of the last being about $1.4MM...in th elong run cheaper to pay than to fight. The big boys who may be asked to pay $10MM or more or even $5Mm will do their best to delay inj any manner...reexams, challenges by going to court , appeals...etc etc...such is life in the business world of licensing...

As far as RG or the company being more open with us...that is IMO a non-issue...the patents ARE active,,, they CAN license and they are still the basis for additional revenue to fund M&A...

IF any of you out there didn't realize where we stood or what the situation was at the PTO regarding our claims and etc etc....all I can say is I believe that was addressed during the summer many times....and you may have missed it...

No matter what we say or openly spout off about on this board...we are in the same situation we have been in since the non final actions were posted...it's just a legal team using every single word they can to make a case for themselves with the judge...

We are in a holding pattern till the reexams come back...even a reexam that denies a claim or two or makes us amend a claim or two..is okay...as long as we don't lose any claim that is the main "bite" to the patent or have to amend any claim so it's "bite" is weakened...we will be fine... we just are in a waiting mode for that right now...

RD told all of us from the first day he was there that this was going to a long drawn out battle...many chose not to believe that timeline just like many were thinking that there were more dollars coming from the J's...RG knew the MMP wasn't coming baout quickly just like he changed that pie chart to show less of percent of income coming from them too. It's the same thing even if we get reexams back in our favopr , we'll continue to license and probably more of them...just don't assume they will be for gigantic dollars...it's just not going to happen that way....more than likely a lot more of them quarterly but not of massive amounts of money IMO...the M&A is what will drive us from now on.

JMHO