Back in Sept, we learned of the USPTO's decision to re-cert the '336. In Nov, with the publication of the re-cert, we learned that the language agreed to in Sept, was unchanged.
That series of events heralded a "wave" of licensing that consisted of 11 licensees from Sept to March. Furthermore, we were told "hundreds of companies have been awaiting the outcome of US’336 and are now reengaging in licensing discussions in light of the escalating royalty rate structure of the MMP Portfolio™ Licensing Program." Obviously, this was before we learned of the TPL/PTSC conflict that stifled licensing.
All the recent NIRC has done, is reaffirm what was established last September. We know per the PR, that the '336 is unchanged from that time. We also are directed to believe from the PR that "Companies delaying their decision to purchase an MMP Portfolio license on the basis of ongoing reexaminations face the risks of willful infringement, and the escalating royalty rate structure characteristic of the MMP Portfolio Licensing Program. Today’s announcement significantly increases those risks."
Perhaps I'm naive, but considering 10 months ago HUNDREDS OF companies were reengaging, and the recent NIRC re-affirms that the status 10 months ago remains unchanged and, per our company, only increases their risks, and after 10 more months of negotiations (afterall, that's why PTSC was loaning TPL money, wasn't it) I would've thought that at least a decent percentage of those HUNDREDS of licensees, and the licensors, would have worked out their issues by now, and that the dominoes of licenses would now be falling.
Something seems to be preventing that. I suppose per the PR that says that more than 75 companies have licensed, we know that since March, at least 3 companies have licensed the MMP. However, since there have been no PR's revealing those, we don't know who they are, though we can assume one of them is Sirius, based on the PACER on the settlement.
Can we believe what is said in MMP related PR's? Are licensing fees increasing. Are infringers really running true risks by not licensing? Are there really HUNDREDS of companies in negotiations? I'd like to think so, but until the actions mirror the words, and the licensing partners publicly show a united front, it's hard to know who to believe. At 17 cents, I'm obviously not the only one who thinks this. And with an expected crappy annual report about to be issued in 6 days, absent some significant licensing developments, it's a challenge to expect an improving PPS.
Where's the Wave PTSC? TPL? Can you guys show that you're not letting your dime conflicts, hold up our dollar licenses? Based on the overall market corruption of the last decade plus, and on your clear history of opaqueness, the market clearly doesn't expect much from you, and you've done too much to justify and to reinforce those expectations. Now that the '336 & '548 are in the clear, and you guys should be in the drivers seat, it's time to deliver. And deliver in a market friendly and confidence inspiring way! Can old dogs learn a new trick? So far, apparently it's all bark and little bite.
