Might part of the confusion be your letter to the SEC?:
Re:Patriot Scientific Corporation Board of Director Nomination – Pedro Lozano, Jr.
Dear Ladies and Gentlemen,
Patriot Scientific Corporation (the “Company), a Delaware corporation, has notified me
through their attorney that it intends to omit from its proxy statement and form of proxy
from its 2010 Annual Shareholders Meeting (collectively, the “2010 Proxy Materials”) a
shareholder proposal submitted by Ms Analisa Lozano and Pedro Lozano, Jr.I have also
been informed that the Company intends to request a no-action letter from the Securities
and Exchange Commission (the “Commission”) pursuant to Rule 14a-8 (“Rule 14a-8”)
promulgated under the Securities and Exchange Act of 1934, as amended (the “Act”), and
therefore intends to exclude the Proposal.
I am requesting that the Commission review this matter to determine whether the
Company may exclude this Proposal without risking the initiation of an enforcement action
by the Securities and Exchange Commission.
I have also sent copies of this correspondence to the Company through their attorney
pursuant to Rule 14a-8(k), which provides that shareholder proponents must provide
companies a copy of any correspondence that the proponents elect to submit to the
Commission or the staff of the Division of Corporation Finance (the “Staff”).Accordingly, I
am taking this opportunity to inform the Company that if the Company elects to submit
additional correspondence to the Commission or the Staff to this Proposal, a copy of that
correspondence should concurrently be furnished to the undersigned pursuant to Rule
14a-8(j).
U.S. Securities and Exchange Commission
July 19, 2010
Page 2
Please acknowledge receipt of this letter and its enclosures by file-stamping the enclosed
copy of this letter and returning in the enclosed self-addressed envelope.If you have any
questions concerning the Proposal or this request, please call the undersigned at
(210) 274-8083.
Very truly yours,
Pedro Lozano, Jr.
http://agoracom.com/ir/patriot/forums/discussion/topics/433253-director-nomination-pedro-lozano-jr/?message_id=1416932#message_1416932
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Be well
