< he didn't seem concerned, nor did he complain about the commingling occurring; only about how much the MMP received.>
You are making it sound like comingling was illegal or somehow not allowed. I do not believe there is anything in the MA covering this. If there was, the following resolution would not have been necessary.
<On April 20, 2010 the Management Committee of PDS passed resolutions specifying that (i) any and all future licenses of the MMP Patent Portfolio must be approved in writing by a majority of the members of the Management Committee before they are agreed to or signed by TPL and (ii) effective immediately, TPL must not market patent portfolios in which PDS does not have an interest with the MMP Patent Portfolio. The TPL representative on the PDS Management Committee voted against the resolutions, and TPL has not expressed its acquiescence to the resolutions>
Whether or not it would have been advantageous/advisable for PTSC to file suit at an earlier time frame is definitely a question for legal minds and I do not claim to be one. Is CJ an attorney?
Opty
