The Moore Plan (MMP Plan)
posted on
Sep 01, 2014 01:27PM
Paraphrased by me
MMP Portfolio Management
At or before confirmation of the MMP Plan , Mr. Moore will form a new entity, Moore Innovations Group Inc. (MIG).Under the MMP Plan, MIG will be tasked with leading the commercialization and licensing efforts for the MMP Portfolio.
MIG will be a wholly owned by Moore.Moore will be Chairman of the Board.There will be two other directors, one named by Moore and the other to be named from members of the Creditors’ Committee willing to serve.
MIG will commercialize the MMP Portfolio for the benefit of TPL, Patriot and Moore. The revenue sharing formula set out in the January 23, 2013 settlement agreement will continue to serve to divide net MMP proceeds appropriately.MMP licensing revenues will continue to be channeled through PDS; the PDS charman will continue to approve and sign off on every license.
MIG will be a practicing entity (not a patent troll).
Under the MMP Plan the PDS/TPL amended agreement from August 2012 is set aside and also set aside is the August 2012 TPL agreement with Alliacense, Patriot and PDS which established Alliacense as the commercialization entity for the MMP Portfolio. With these agreements set aside, all MMP licensing and commercialization rights rever to TPL under the 2005 foundational agreement between TPL, Patriot and Moore.
Under the MMP Plan, TPL and MIG will execute a new commercialization agreement for the MMP Portfolio, affording all MMP licensing rights to MIG that were previously granted to Alliacense under the rejected 2012 agreements.This new agreement will mandate that all MMP licensing revenues be paid to PDS which shall be expected and required to account for and to apportion those revenues under the assumed January 23, 2013 Settlement Agreement
Under this TPL/MIg agreement, MIG shall retain a commission of 20% of gross MMP licensing revenues and a 5% commission on net litigation revenues generated for TPL, Patriot and Moore
PDS shall retain its rights as sole licensor of the MMP Portfolio.MIG shall negotiate and present licenses to PDS for approval.
The Chapter 11 Trustee shall negotiate an agreement with PDS under which PDS will provide support for MIG in the form of a quarterly advance of $250,000 for three years to be repaid from commissions earned from licensing revenues and litigation recoveries generated by MIG.It is anticipated that this agreement, desirable but not necessary, will be attainable, given that the MMP Plan relieves PDS of a continuing obligation to provide a $500,000 quarterly advance to TPL for licensing (because of the reversion to the original 2005 agreement between PTSC, TPL and Moore) that has produced no revenue since August 2013
Under the MMP Plan a MIG manager with licensing experience will be selected by the MIG Board.MIG shall in no event become involved with the licensing of TPL’s other patent portfolios.
I wonder if Moore would consider Dave Sciarrino to be his licensing manager.
http://agoracom.com/ir/patriot/forums/discussion/topics/148471-alliacense-executives/messages/572674
Kudos to Mr. Moore for putting for a plan while our Board continues to do nothing to move things along in a positive way. Unless of course, they are behind the scenes working with Moore.