Based on what we know, TPL seems to be saying to PTSC that TPL CONTROLS the MMP and that PTSC needs to live with TPL's methods or risk TPL marketing the MMP all by itself, and exclude PTSC. According to the PTSC/TPL agreements, the current MMP licensing/marketing arrangements need to remain in force even while and until dispute resolutions have run their full course. And even if the agreement is terminated in iieu dispute resolution, by agreement PTSC can't market the MMP to infringers with whom TPL is already in discusions, until 12 months has passed.
So, as I understand it, in the extreme case where PTSC & TPL terminate their agreement, PTSC as co-owner can market the MMP on its own as can TPL. However, because of the agreement PTSC signed, PTSC can't do so to infringers already in negotiations until a year has passed. Meanwhile, TPL can. Therefore, PTSC's pool of potential licensees is quite diminished in that scenario.
If things are headed in that direction, PTSC can't simply wait to find a licensing arm, and Mr. Johnson's "invaluable" MMP licensing involvement aside, PTSC is not equipped to do so in house. While I think there are competing clauses in the master agreement that complicate and may conflict with respect to these issues, and hopefully keep this from happening, time would be of the essence, IMO, if PTSC is heading toward severing ties with TPL, USPTO action or not. That's in part why I can see them pursuing that type of relationship with another party. I suppose if things went this way, the battle PTSC would have to fight and hope to win is a waiver of the 12 month waiting period, and the rights to the reverse engineering.
These were hyperbolic theoreticals when I warned PTSC they should consider the consequences of this exact situation 2 years ago, but based on what we've seen and Mr. Bailey's window into TPL's interaction with Mr. Moore, unfortunately, they don't seem far off from what could be happening right now.
IMO, Leckrone is either in desperate financial straits OR he thinks circumstances are coming to a head in a way that will allow him to take advantage of the nuances of the agreements he as forged in a way that TPL can benefit so disproportionately, that he's willing to risk such turmoil. As most of us have always worried, PTSC has granted TPL such an advantage that even if TPL loses, they may win.
