When Patriot sued TPL back in 2010 it alleged that TPL has stopped licensing the MMP. Well it looks as if the apple doesn't fall far from the tree. His son through Alliacense seems to be using daddy's strategy of not licensing the MMP in favor of its other portfolios
23. Indeed, the moment TPL obtained my agreement to the January 31, 2013 Settlement Agreement, its representatives put a licensing agreement before me. This agreement, with a major automobile manufacture, had been negotiated in anticipation of the settlement, because the manufacturer had refused to sign off on the license without written assurance from me that the license was issued with my consent and approval.
24. I should of course had been paid my just-agreed percentage share of this multi-million dollar license, given that my settlement-based approval was critical to its issuance. TPL insisted, however, that this license was a pre-settlement negotiation, to which my percentage did not apply. Because I did not want to litigate an agreement that had yet to be reduced to writing, and break the peace just made, I allowed this license to be treated as pre-settlement, and I received none of its proceeds.
25. Notwithstanding this concession, I have since learned that this license is a subject of continuing dispute between Alliacense (Mr. Leckrone’s licensing company) and PDS (which would here distribute licensing proceeds, 50/50, between Patriot and TPL). Alliacense insists on retaining expense and other supposed entitlements (benefitting Mr. Leckrone and reducing payments to Debtor TPL and to Patriot)
33. The Alliacense negotiation strategy cost the MMP Portfolio at least $8
million of a possible award against HTC; the loss will be compounded as HTC uses the limited $960,000 to cap its license fee for later and future products not covered by the verdict, and other manufacturers take that same number to the bank to undercut future licensing of the MMP portfolio.
34. Alliacense has conducted very little licensing activity on the MMP portfolio since the January 31, 2013 Settlement Agreement was signed. It now appears that Alliacense has instead devoted its efforts to TPL’s Non-MMP Patents, with the result that licenses are being written without creditors’ committee oversight or approval, and without any funds accruing for payment to TPL creditors. To all appearances, Alliacense is ignoring my MMP Portfolio (where licenses must be approved by PDS before issuing, and where revenues flow through PDS and not through Alliacense); it is instead licensing where its activities cannot be monitored or controlled, and its license proceeds cannot be secured for the benefit of TPL and its creditors.
35. By any measure, it is time for a fresh start to MMP portfolio marketing, by a licensor not tainted by past mistakes and low-yielding licensing, and not easily characterized and dismissed as a “patent troll” – a label that will surely be applied to Alliacense in its future marketing efforts. I urge this Court to salvage the MMP portfolio and to permit the TPL bankruptcy to proceed in an orderly and profitable manner under new management. A trustee should be appointed http://photos.imageevent.com/banos/tplbk/Joinder%201-3-14.pdf
Our Board of Directors should be doing everything in their power to take control of better than 50% of PDS while removing Alliacense and as Chuck Moore said "it is time for a fresh start to MMP portfolio marketing, by a licensor not tainted by past mistakes and Low-yielding licensing."
