Exactly my point and it seems you agree. They faced all the same challenges you enumerated as a go it alone partial patent owner. The only real difference is the performance of their management/comapny stewards compared to ours.
Don't get me wrong, I wasn't advocating that PTSC should have continued to battle on their own. What I'm saying, is that at the moment in time that PTSC & TPL formed the joint venture, they both faced the same challenges of the go it your own strategy, and PTSC could have used that leverage to improve the deal. In that sense they were on equal footing. Yet TPL managed, due to its preparation, business acumen/savvy, to forge JV agreement that gave them ultimate control of the MMP. What prevented PTSC from negotiating the opposite? What prevented PTSC from negotiating a fairer agreement? What prevented PTSC from properly overseeing the agreement the DID sign? Obvously I think 2 of those "whats" continue to control PTSC.
Could PTSC have played it out longer in order to improve their leverage? They had around $3M in cash or receivables at that time. Probably, IMO. You suggest best and final offer from TPL. What was their alternative? The same challenges you enumerate, was it not? Are you suggesting that PTSC couldn't have negotiated a better deal considering that fact?
What's unfortunately undisputable fact is that the group at the time could not and/or did not. Furthermore, it's undisputable fact that they failed to properly oversee the deal the DID agree to, and fell victim to the easily identifiable, and easily anticipated issues that could arise from the language the agreed to. If the lawyers and the accountant who forged the deal didn't foresee what was clear to most of us, what does that tell you?
When in the years past I'd bring up the very issues that PTSC is now alleging against TPL, you used to argue with me that I'm crazy! and don't I know that would constitute fraud!, and that expense comingling would put thems at risk of going to jail and who would do thatl, or dealing with IRS, etc. Yet, here we are.
