Re: There is a new letter out. jreed1079..et al.
in response to
by
posted on
Feb 19, 2009 12:09PM
it does seem that RG was telling us that he wanted to say more, but there was a stranglehold on information by TPL.
There is no stranglehold via TPL regarding info on the patents and the reexams.
It's very simple, as I have learned from prior reexams with other companies I was invested in...RG is acting as he should in this timeframe and is telling us we should act accordingly...that is what is best for all concerned...he's following the simple rules he has to while in negotiations with the PTO.
1. Never say anything publicly critisizing the reexam process at the PTO...if the examiner reads a public statement criticizing their process or length of time , or their "expertise" on the subject...it only serves to ruin any relationship that we and our lawyers have tried to build up over the preceeding months of negotiations. Just tell the world things are progressing as we were told they would.
..."No one can forecast the progress, or the eventual outcome, of the re-examination processes"
2. It's always best to relay to tyour shareholders that you ave "confidence" in our position regarding the reexams and that we plan to use every means of negotiations available to us to accomplish a positive reexam.
"...No one can forecast the progress, or the eventual outcome, of the re-examination processes, but we remain optimistic for a variety of reasons, including those outlined in Dr. Choate’s paper "
3. Never try to contact an examiner for information that has not been made public...all that does is put undo burden on the examiner to try and be civil with the caller when he can really only discuss what is transpiring with the lawyers and the company...even the initiator of the reexam is excluded n putting in his "two cents worth". when it's ex parte..so convey to your worried shareholders that they/we should let the process proceed without distractions from us, the public, when we really have no idea of what is involved with the process and details of the discussions between the lawyers and the PTO.
..."attempts at direct communications by any of you with anyone at the USPTO office will only serve to create confusion and potentially even delay the examinations"
Add to this the speculation of the effect of the German Patent Office reexam here at the USPTO...as many of us have stated there is little or no effect on what transpires in our own court system let alone our foreign counterpart...so that speculation was answered too.
"While the action, initiated by Deutsche Telecom, to nullify the German patent was positive in the favor of our patent, the decision is expected to have no impact on the ultimate result of the USPTO re-examinations underway on four of the seven MMP™ patents."
And lastly, he tried ot convey to us that the pursuit of licensing is not a dead issue they plan to pursue it ..when the time is right...he made no promises of grandiose $$$$$ but told us that when this reexam is done that they are ready top push the issue of licensing worldwide.
" We expect that TPL/Alliacense will continue to successfully pursue, and close, new licensing transactions over the life of the MMP™ Portfolio."
Bottomline..he told us what he could and why he can't say more, the effect of the German situation here in the US, and that they're still counting on the licensing for revenue because they remain optimistic of our chances with the PTO...these are some of the things we all wanted in the last letter that seemed to missing...so RG IMO was responding to us the best he could within the parameters of good business practices...not because he being muffled....and it shows that he's been reading our comments on what we would like to know...to the extent we are allowed to know it...he did the proper thing with this communique IMO.