A synoptic and non technical rambling look at ptsc....
posted on
Jan 27, 2009 02:56PM
For more years then I care to count investors in PTSC have been told that the MMP patents are solid and as real as real can get. A dozen plus years ago we did not look at going after infringers of our patents but we intended to build our own chips based on our patents. When money and managerial skills were found lacking we sold more and more of our company for diluted equity to keep the doors open and management paid.
A number of years ago we changed our tactics (primarily because of lack of funding) and decided to go after infringers but we first spent much time, money and effort fighting with TPL who came into the picture not as an infringer as much as an "announced" real owner of the patents. Certainly tpl and ptsc each had two early victories by "signing", AMD and Intel. Validation of our patents or so we all said.
Time went by and finally we made a truce with TPL's cagy boss Dan L (more like a surrender of most of our rights) to share the patents. This we were assured (and many of us agreed) was a win for ptsc as for the first time we had a knowledgable patent enforcer who Knew that we had solid gold in our patents and Knew how to get money out of the infringers of our solid gold patents. And after all 50% of billions (after minimal expenses) was much better then 100% of nothing (many of including myself agreed).
More time and tens of millions of dollars in signings and years have gone by since that early euphoria. After many changes in management (but a very similar make up on the Board of Directors), and very recent growth into non patent areas of operations but "real" areas of manufacturing or at the least apparent salable brain work, and a few expensive but not very productive law suits (with one exception... a markman ruling, which we all took as a great indicator of patent validation), where are we? Our share price after a few feverish rallies is substantially back to where it was when we were scurrying for a few bucks to keep the doors open. Our highly expensive litigation/patent experts as well as our take no prisoners partners at TPL are being manhandled by our opponents before the patent office. What we thought of as solid gold patents is at least by those in the patent office turning out to be questionable due to questionable prior art.
Note: I am not an tech expert but I have followed a few of the knowledgable tech folks here and on other sites and it would appear that the note of prior art by the patent reviewer may be highly suspect and as stated by more then a few ludicrous. However, if our expensive talent cannot refute this claim then like the now famous Ed Hokiles call in a recent football game which was as obviously wrong as wrong can get the patent reviewers claim may stand.
On the point of how wrong the reviewers claim may be and how it could literally effect hundreds of otherwise solid patents in the tech world that can have simplified prior art claims filed against them.... could we not expect or at the least solicit from other patent holders at risk due to this "obvious error" on the part of the examiner "friends of the court (of tpl/ptsc) making submissions showing the patent reviewer the error of his ways? Would it not be wise on their part to act now rather then wait when based on this ruling their patents are challenged and put in jeopardy? So where are we? In my opinion, soon we will be hearing from RG. He will more then likely tell us that the fat lady has not sung but that we (through pds) with our (tpl) experts (Moore et al) will be making a "strong" case on pointing out why the examiner and his example of prior art is wrong. RG will tell us that although the patents and the money we hope to get from them is important ptsc is no longer solely dependent on the patents for existence (maybe not but any type of sp expansion at least near term is).
If this is what we hear from the company then though I will not be happy not in the least however, in my view it will be a correct assessment. It is becoming more apparent to me that our solid gold patents for what ever reason may not be the continuing cash cows we had all hoped they were. In any case it appears that we are looking at a lengthy time of appeals etc before we have a final outcome to what exactly the MMP is in substance and in finance. Until that time, as a very intelligent litigator and investor has said many times, we shall see what we will see.....
Just some random thoughts and ramblings, God Bless Marc