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coolerheadsprevail

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  • Document Security Systems: What Are The Near-Term Catalysts? [View article]
    [QUOTE:] "In addition, both Facebook and LinkedIn have indicated that they only intend to invalidate one of the four asserted patents on the grounds of patent ineligibility. That means, even if the CLS Bank decision resolves in their favor, presumably only one of the patents will be affected, and the cases will nevertheless need to continue. This also counsels against a stay." [END QUOTE]

    In FB/LNKD's response brief, they counter by stating that:

    "Contrary to Bascom’s assertion, the section 101 issues affect all four patents in suit, not merely one of those patents."

    I would be interested in hearing your perspective on the merits of the points rebutted as part of FB/LNKD's response brief, with the above being simply one that was made to specifically address a point raised in your article.

    As a non-attorney, I had the typical layman's reaction to each brief (i.e. "Oh boy" when the initial motion was filed... ...then "Excellent reply!" when DSS/Bascom filed their reply brief... ...then "That doesn't sound good" when FB/LNKD filed their response brief) and would be interested in your assessment now that the motion is fully-briefed.

    TIA...
    Jan 6, 2014. 07:34 PM | 1 Like Like |Link to Comment
  • Does Google Have A Real Potential Workaround Against Vringo With It's New Algorithm Changes? [View article]
    @kp,

    You are too funny. Lies are facts; facts are lies. What's next? But what I do know is that system logs/records don't lie.

    You can reply if you wish but out of respect for the author of this article, I am ending it here.
    Oct 3, 2013. 12:07 PM | 1 Like Like |Link to Comment
  • Does Google Have A Real Potential Workaround Against Vringo With It's New Algorithm Changes? [View article]
    @Patent News,

    My post was not directed at you; I thought the reference to freeforums clearly connected it to kp's post...
    Oct 3, 2013. 12:04 PM | 1 Like Like |Link to Comment
  • Does Google Have A Real Potential Workaround Against Vringo With It's New Algorithm Changes? [View article]
    No, congratulations to you for (1) having had countless different User ID's over on freeforums all posting at the same time proclaiming support for yourself; and (2) your tireless efforts to continually try to get back in to freeforums under countless more different ID's. It takes a lot of free time and obsession to do this. You are truly dedicated to your craft.

    Feel free to get the last word in.
    Oct 3, 2013. 09:52 AM | 3 Likes Like |Link to Comment
  • Does Google Have A Real Potential Workaround Against Vringo With It's New Algorithm Changes? [View article]
    FUD. eom.
    Oct 3, 2013. 09:29 AM | 2 Likes Like |Link to Comment
  • Why Marathon Patent Group Might Be The Right Exposure To A Booming Industry [View article]
    How can any investor in the IP space not be aware of ANY of MARA's suits, settlements, and licenses after all this time???

    Here is a good list from the MARA board on iHub:

    List of MARA accomplishments since NOV-2012

    •Announces First Settlement and License Agreement for Its Relay IP Patent

    •Announces First Settlement and License Agreement on Its Sampo Patent Portfolio

    •Announces Second Settlement and License Agreement on Its Sampo Portfolio

    •Announces Settlement and License Agreement With Payment Terminal Company

    •Wholly Owned Subsidiary, Relay IP, Inc., Files Patent Infringement Lawsuit Against 10 Defendants

    •Enters Into Settlement & License Agreement With Denon Electronics

    • Completed a $6 million financing essentially at market and led by Erick Spangenberg

    •Acquired from Siemens Three U.S. and Ten International Patents

    •Filed a patent infringement lawsuit in the United States District Court for the Eastern District of Texas against Ambit Energy Holdings, LLC, BMC Software Inc., HomeAway, Inc., Hoover’s Inc. and Ristken Software.

    •Filed a patent infringement lawsuit in the United States District Court for the District of Delaware against Thomson Reuters Finance Company, Thomson Reuters Finance Investments Inc., Thomson Reuters USA Inc., and Thomson Reuters US LLC.

    •Entered into a license and settlement agreement with a well-known technology company. This agreement, the 33rd for the patent portfolio, resolves patent litigation that is still pending against other technology companies in the United States District Court for the District of Delaware. The patents cover claims that provide the right to practice specific transactional data processing, telecommunications, network and database inventions, including financial transactions.

    •Filed a patent infringement lawsuit in the United States District Court for the Eastern District of Texas against E*Trade Financial Corporate Services Inc., Liberty Mutual Group Inc., Aetna Inc., Avon Products Inc., Starbucks Corporation, Yum! Brands Inc., Hewlett-Packard Company, and Alcatel-Lucent USA Inc.

    •Executed Purchase Agreement for a Pioneer Data Transmission Patent With Significant Licensing History. Transaction Will Transfer to Marathon an Asset That Has Generated $39 Million in Recoveries to Date

    •Acquired CyberFone Systems and its patent portfolio which has generated 32 settlement and license agreements for a total of $15.5 million in revenue

    •Acquired US Patent 5,331,637 from MOSAID Technologies, one of the world's leading intellectual property management companies

    •Entered into a strategic relationship with IP Navigation (IPNav), the leader in full-service patent monetization

    •Completed the acquisition of Sampo IP LLC acquiring its patent portfolio consisting of three patents and one pending patent application

    •Commenced first licensing campaign on March 20, 2013 by filing a patent infringement lawsuit in the United States District Court for the Eastern District of Texas against Sony Computer Entertainment America LLC, Siemens Energy, Inc., CB Apex Realtors, d/b/a Coldwell Banker Apex Realtors, Blue Cross and Blue Shield Association, Juniper Networks, Inc., Winn Dixie Stores, Inc., and Dell, Inc.

    •Established a new IP Research and Services Center at the University of Arizona Science & Technology Park in Tucson, Arizona


    And all this in only the past 10 months...
    Sep 18, 2013. 12:11 AM | Likes Like |Link to Comment
  • Document Security Systems Reaches Agreement With Salesforce: But It's Not What You Think [View article]
    According to the site below (see links), all 4 patents at issue w/the current Bascom litigation have filing dates of either MAR-2002 or APR-2002, meaning they will expire in MAR/APR-2022, which is a bit over 8.5 years from now...

    http://bit.ly/16GdqVq
    http://bit.ly/16Gdpkx
    http://bit.ly/16Gdpkz
    http://bit.ly/16GdqVs
    Aug 9, 2013. 11:00 PM | 1 Like Like |Link to Comment
  • Document Security Systems Reaches Agreement With Salesforce: But It's Not What You Think [View article]
    That data point has already been made known. The unknown is how much of this increase relates specifically to Bascom vs other "third party royalties".

    To assume that this entire increase is due to Bascom is dangerous; to purport it would be pumping.

    The only thing we know is that in their prior Q, Jive disclosed they had accrued $100k for a potential settlement w/Bascom -- and then now in their most recent Q they state that "the cost of such settlement was CONSISTENT with amounts accrued for settlement..."

    Based on the above, the ballpark to estimate is that $100k represented 1.5 months of royalties based upon the date of settlement in mid-MAY. This extrapolates out to ~$800k annually.

    Given the miniscule size of Jive, to assume that the $0.6M increase in royalties all related to Bascom means that quarterly royalties equate to $1.2M, which means annual royalties would be $4.8M, which is highly unlikely. If the next quarter's Q for Jive and DSS reflect this level of royalties, I will gladly eat crow as I will be an ecstatic shareholder if that is the case, but as a logical investor, this level of royalties just doesn't "jive" for Jive...
    Aug 9, 2013. 06:52 PM | 2 Likes Like |Link to Comment
  • Document Security Systems Reaches Agreement With Salesforce: But It's Not What You Think [View article]
    Easy there Justin.

    It is a bit misleading to say that DSS and Salesforce agreed to anything. Especially misleading would be that Salesforce was a party to any agreement. This voluntary dismissal was strictly a DSS/Bascom action.

    But w/regards to the 10/2 Markman, there was a court Order yesterday (Docket 90 in the FB case) that granted defense motion 89 to vacate the previously scheduled claim construction-related deadlines. Whether this means the Markman will also be delayed is still TBD. We won't know until following the CMC at the end of August and the court determines a new claim construction schedule.
    Aug 8, 2013. 10:05 AM | 2 Likes Like |Link to Comment
  • Patent Validation: Marathon Patent Group [View article]
    "I believe James Altucher has an article out on Worlds."

    @mw24601,

    Egads, you sound so desperate to name-drop JA in this manner.

    Well, I wish you the best of luck and hope that your dumping will yield more success than your pumping...

    (BTW, JA hasn't written any SA articles in months and has never even so much as posted a single comment on any WDDD article/blog/anything)
    Jul 25, 2013. 12:49 AM | 1 Like Like |Link to Comment
  • When Does A Reverse Stock Split Make Sense? [View article]
    Rick's Quote #1:
    "Now, it'll take more capitol from investors to attain a desired position, for MARA as a penny stock had a better chance for a larger percentage spike. That's the allure of a penny stock."

    Comment to Rick:
    LOL! Well, as an INVESTOR of MARA, I'm glad that the company is making strategic decisions that are in the best interests of the company and its long-term investors and NOT basing their executive decisions on the best interests of penny traders!


    Rick's Quote #2:
    "Legit stocks are legit regardless of where they trade."

    Comment to Rick:
    Agreed. But many mainstream funds and other TUT's who would otherwise be interested, willing, and able to invest in legit companies like MARA would be expressly precluded from doing so for no other reason than BECAUSE these small growing legit companies are NOT trading on a senior exchange yet. Some companies are ready for the big stage faster and earlier than others, just like some kids skip grades or even pull a full-blown Doogie Howser on society.
    Jul 25, 2013. 12:39 AM | Likes Like |Link to Comment
  • Patent Validation: Marathon Patent Group [View article]
    "Again the Worlds v Activision case is $5 billion NOT 500k."

    @mw92841,

    I would be very interested in hearing how you arrive at $5B for the WDDD/ATVI case.

    TIA...
    Jul 24, 2013. 09:07 PM | 2 Likes Like |Link to Comment
  • Patent Validation: Marathon Patent Group [View article]
    Alexander,

    Another well-written article. It is clear you have researched your material (as always) and attempt to present information objectively, so in that regard, your work is always a good read.

    Although your points are technically (and perhaps legally) correct, we are all predominantly here for investing reasons. And investing is all about expecting the company you invest in to execute a business plan that you believe is strong and deliver financial results.

    So to this end, MARA is accomplishing that. Whether by settlement or by judicial "validation", there are different ways to skin a cat.

    And keep in mind that with the average length of a trial, assuming you overcome the jury trial as well as all appeals, you also have to factor in the time value of an early settlement as well. $500k-$750k now in the bank that MARA can immediately put to productive use is worth a lot more than its face value if the alternative was to wait 3 years to "maybe" see a payment of $1.5M, IMO.

    And, as you state, these amounts are from small defendants, so multi-million dollar awards or licensing fees would NOT be expected from these small companies anyways.

    At some point, MARA may end up going after a goliath and may need to "validate" their patents, but if so, they have uniquely positioned themselves -- due to the revenue stream already being earned via settlements w/the smaller defendants -- to be able to shield themselves (and their shareholders) from the all-or-nothing risk that would otherwise be associated with a binary type of event.
    Jul 24, 2013. 11:40 AM | 5 Likes Like |Link to Comment
  • When Does A Reverse Stock Split Make Sense? [View article]
    "particularly a company that was widely held and BECAME a penny stock. doing the reverse split makes that company eligible once again to a larger potential number of investors."

    @SRIMphil,

    In the scenario you describe in your quote above, the company is already in distress and is resorting to a RS in an effort to stave off de-listing. In this scenario, this is putting lipstick on a pig -- or like Rick Berger describes in his post below, trying to use perfume to cover up the stench of a manipulated money pit. In these types of scenarios, the market typically recognizes a RS for the window dressing that it is and investors understandably flee the stock.

    These types of RS's are typically short-lived as the entire purpose of remaining listed is to make your stock available to mainstream funds and other TUT's who may have restrictions against investing in companies not on a senior exchange. But these same TUT's are typically the most savvy and knowledgeable investors and they will be amongst the first to see the RS for the charade that it is.

    Companies in distress should focus on getting themselves OUT OF distress (change mgmt, re-assess business model, launch new products/services, impose austerity measures, etc, etc, etc) rather than attempt to simply COVER UP the magnitude of their distress by doing a RS.

    But, alas, fortunately for us, the moral of the story is that NONE of this is relevant to MARA because MARA as we know it was "born" just this past NOV-2012 and has never been in distress, but rather has been consistently proving its business model again and again, and the RS will enable it to uplist on an accelerated schedule -- kind of like the kid who develops so quickly that he/she goes straight to college by age 10 instead of waiting til age 18 like his/her peers.
    Jul 24, 2013. 01:24 AM | Likes Like |Link to Comment
  • When Does A Reverse Stock Split Make Sense? [View article]
    "Reverse splits should be outlawed. A company trades where it trades for a reason. Any given firm that has placed itself in a financial hole should dig themselves out of it without artificial inflation of extreme magnitudes."

    @Rick,

    I'm not clear as to what your above quote has to do w/MARA.

    Those companies who effectuate a RS out of desperation are already widely known to be in distress -- and this is why for these companies, when they do a RS, the market appropriately punishes the sp for it as the market accurately interprets this RS as a company's last ditch effort to stave off de-listing or some other adverse scenario.

    But this is absolutely not MARA, which all knowledgeable investors know. MARA effectively became a new company in NOV-2012 (so to reference any pre-NOV-2012 periods when its sp may have been much higher is comparing apples to oranges), has no debt, has quickly and effectively proven the viability of its business model in an incredibly short period of time (and continues to do so), and clearly views the RS as a tool/vehicle by which to accelerate its growth strategy.

    To say in such absolute terms that "reverse splits should be outlawed" is dangerous.
    Jul 24, 2013. 01:10 AM | 2 Likes Like |Link to Comment
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