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Message: $123.8M worth of BOD Performance - You make the call

$123.8M worth of BOD Performance - You make the call

posted on Jan 12, 2010 01:31PM

Below are the PTSC balance sheets for May '05 at the time of the merger with TPL, for May '07 when the company KNEW that the patents would face reexamination, and for this last 10q period.

Over that time, PTSC has received $123.8M total from MMP revenue. Since May of '07, when it was absolutely clear they faced a USPTO battle, they have received $34.7M in MMP revenue.

IMO, the balance sheet is the clearest and most unbiased reflection of what they've accomplished. Essentially, the bottom line is that they've taken in $123.8M and increased the company's total assets by $25.6M since May of 2005.

Is $25.6M in return for $123.8M an acceptable measure of performance? IMO, this should be considered in the context that as of May 2005 there was a staff of less than 10 people at PTSC, and almost 5 years later, we now are questioning whether any of our assets aside from the MMP have any signifcant value moving forward.

Where did the other $98M go to? Who benefitted from the additional 130M outstanding shares that came about during that time period? Is it acceptable that we sit at the same price per share today, that we did at the end of FY2005? Is this acceptable in light of the BOD having switched CEO's 4 times during that period?

Perhaps I'm being unreasonable, but I find this performance deplorable. And in the context of where we were in 2005 with very little overhead, and where we are now, and realizing the only non-self-inflicted problem is in the re-exams, it is doubly so.

Unfortunately, it appears as though this BOD thinks that this performance IS acceptable, as while they continue to make changes, despite change after change over the last 5 years, their performance hasn't improved, but yet they refuse to recuse themselves. They are the ONE CONSTANT.

While I can't make it to SHM in Chicago, as I'm sure is their biggest reason for having it there (to make it difficult to face shareholders in general - not me specifically), I hope those who are able to make it, will hold this BOD to answer for this balance sheet.

Current Re-Exams Underway At Time of Merger
11/30/2009 5/30/2007 5/30/2005
ASSETS
Current assets:
Cash and cash equivalents
$ 11,573,153
$ 21,605,428
$ 591,426
Restricted cash and cash equivalents
$ 20,654
$ 102,346
$ 201,648
Marketable securities and short term investments
$ 379,486
$ 4,349,314
$ 697,524
Accounts receivable
$ 19,440
$ 352,390
$ 2,000,000
Accounts receivable - affiliate company
$ 503,333
Inventory/Work In Progress
$ 65,253
$ 46,361
Prepaid income taxes
$ 199,699
$ 2,070,981
Current Portion of Deferred tax assets
$ 137,912
$ 2,439,975
Prepaid expenses and other current assets
$ 175,653
$ 431,840
$ 121,758
Total current assets
$ 13,074,583 $ 31,398,635 $ 3,612,356
Property and equipment, net
$ 120,890
$ 85,518
$ 21,376
Marketable securities
$ 7,393,878
Other assets
$ 8,190
$ 23,891
Goodwill
$ 642,981
Investment in affiliated company
$ 435,182
$ 2,883,969
Other intangible assets, net
$ 1,860,000
Other assets
$ 41,608
Deferred Tax Assets
$ 5,763,805
Patents and trademarks
$ 38,317
$ 66,411
Total Assets $ 29,332,927 $ 34,414,629 $ 3,724,034
LIABILITIES AND STOCKHOLDERS’ EQUITY
Current liabilities:
Line of Credit
$ 100,000
Current Portion of Debentures $ 421,847
Current Portion of Lease Obligation $ 2,306
Accounts payable
$ 198,267
$ 934,298
$ 268,458
Accrued expenses and other
$ 616,374
$ 1,086,496
$ 346,000
Accrued contested fee $ 505,153
Deferred revenue
$ 20,116
-
-
Total current liabilities
$ 834,757 $ 2,020,794 $ 1,643,764
Convertible Debentures
$ 45,942
Distributions in excess of investment in affiliated company
$ 151,494
Long term debt, including accrued interest
$ 3,081,846
Deferred tax liabilities
$ 12,222,944
Total long term liabilities
$ 3,233,340 $ 12,222,944 $ 45,942
Total liabilities
$ 4,068,097 $14,243,738 $ 1,689,706
Commitments and contingencies
Stockholders’ equity
Preferred stock, $.00001 par value; 5,000,000 shares authorized: none outstanding
-
-
-
Common stock
$ 4,380
$ 4,066
$ 2,805
Additional paid-in capital
$ 77,156,258
$ 72,150,581
$ 54,569,091
Accumulated deficit
$ (37,613,548)
$ (43,151,678)
$ (52,537,568)
Accumulated other comprehensive loss
$ (391,366)
Common stock held in treasury, at cost - 13,467,527 shares and no shares at May 31, 2007 and 2006, respectively
$ (13,890,894)
$ (8,832,078)
Total stockholders’ equity
$ 25,264,830 $ 20,170,891 $ 2,034,328
$ 29,332,927 $ 34,414,629 $ 3,724,034
Total Shares Outstanding
410,093,076
393,201,134
280,492,013
PPS at close of period $0.18 $0.51 $0.14
Market Cap $ 73,816,753.68 $200,532,578.34 $ 39,268,881.82
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