That audio, just over one hour, is an absolute "must listen".
As it warms up in the second half the heart of this whole saga reveals itself.
The Judge must have the patience of Job with all the attorneys involved. He was calm, comprehensible and even-tempered all the way through. He guided, questioned, advise and hinted. It's appalling the the palns from both TPL and Moore are still far from what the Judge requires, even on fundamental information such as TPL's projected cashflow. "How would a creditor know if the 7 year TPL plan had gone off the rails?" would paraphrase one comment by the judge.
Prochnow (Moore's attorney) got scolded for including too many 'sniping' arguments inside their Plan. TPL got an earful over the lack of clarity on where money would come from and go to.
One stumbling block seems to be getting Flowers and Mac Leckrone to arbitrate Leckrone's claim that it would take 2 hours per client (is it 400 or the 600 Prochnow mentioned?) just put together the two lists of potential infringers from which PTSC will pick one. Alliacense's sole ownership of documentation and reverse engineering is another issue. TPL's attorney mentioned that Alliacense may have the largest collection of manuals, schematics and work product of any similar patent prosecution company. Prochnow's comment could be distilled down to "So why won't you use it for MMP?".
Prochnow finally went on the attack saying it is absolutely critical to get rid of Alliancense and move forward with Moore's Plan to eliminate the TPL/Alliacense troll stigma, to provide independent supervision of the future TPL, to audit all transactions for 'inappropriate transfers' (and thus recover funds or reject claims), to investigate owners of the house in England etc etc, "as noone has looked into these matters yet".
A couple of things from Prochnow bother me.... One is that he mentioned Moore's MIG (Moore Innovation Group) would own ALL licensing activity. Another is that the MIG Plan includes rolling back many agreements to as far as 2005. This lead to threats of litigation by TPL and Alliacense for damages were it to happen.
In the end the Judge asked that TPL provide the already late Statement of Finances PDQ and certainly before the 11/19 date TPL tried for. He also told both parties not to submit revised Plans until he can go through both current ones and get back to them. He said he'd do that quickly and also set a date/time for the next hearing.
Several other topics but these are the main ones. Correction and additions welcomed.
Anyone know anyone in Vegas who'll give odds on the Plans?
