virtvision's Profile

virtvision's Posts

Congrats Seahawks and Banosser

Banosser..


NFC Baby!! !! Congrats Seabirds....Great WIN!!!..You're 1st Lombardi.....Convincing...DOMINANT....The Donkeys were never in this one beginning from the 1st Hike..lol


OT: Breaking Bad fans - "Better Call Saul" series based on the sleazy lawyer Saul Goodman, is scheduled to premiere in Nov 2014 and will begin filming in Albuquerque soon.


Virt

over 10 years ago
Bankruptcy Proceedings - Round 1

Some posters are getting inordinately stressed out I fear, with this initial Bankruptcy opening declarations, IMO. Both sides are simply stating their opening maximalist positions going into the hearing. Lecky deliberately understating ($125M) MMP value and threatening to take the ball and go home, while the Creditors Committee presenting their side that Lecky is nothing short of being Bernie Madoff in disguise.


There are many moving parts in this proceeding, some seen some unseen - Swartz. It's all about Leverage, bluffing, and who blinks first. Appearing to be negotiating in good faith and offering to cut his salary for himself and his crew for a short time was Lecky's opening gambit to convey sincerity to the Court. His sleight-of-hand trick offering to give up MMP control tempoairily, while retaining ultimate control of the MMP is readily transparent to all. To an outsider, reading each sides arguments may conclude Lecky is not taking this Proceeding very seriously based on his initial declarations and his open distain and hostility directed at the Creditors Committee, in general.


IMO, Lecky has "Gamed" this Bankruptcy case thoroughly and sincerely believes he has ultimate power, and can stretch this case out indefinitely and still emerge in good shape. One of the Prime challenges for the Creditors is to convince the Court that "Time is of the Essence", and to expedite resolution of the case, given the limited shelf life of Prime MMP licensing availability - 2014-2015, excluding 6 year look back of diminishing quality.


Am sure part of his opening actions will serve the purpose of "Smoking his adversaries out", to ascertain what Their initial positions are, providing Lecky important clues on how to counter future arguments which are sure to come from the Creditors Committee in front of the Bankruptcy Judge. We are only in Round 1 of a 15 Round Championship Prize Fight....Virt

almost 11 years ago
Re: ITC ID Appeal Approval

"Does the decision to change the ID have to be 4-0 unanimous, or would 3-1 suffice? Would 2-2 default to "the ALJ ID decisions stand"?"


The 4-0 to grant Review approval only conveys implied interest in reviewing the decision/basis of Gildea's ID that no infringement incurred, IMO.

I like 4-0 much better than 3-1 !!..Everybody agrees "something" appears amiss?..Group think, maybe?....I just don't buy the argument the Commisssion voted 4-0 for appearance sake only. Too cynical an explanation to imply the decision was for appearance sake, IMO.

IMO, a 2-2 decision would let Judge Gildea's decision stand. I don't believe the Commission desires/tolerates a split verdict between the Federal District court system & the Government Administrative Court system....Would be interesting if such an occurrence has ever happened before? Recent past? Further appeal to US Court of Appeals? Length of time to reach US Court of Appeals and ultimate decision?.....Regardless, if this has ever happened in the past, we are talking about the here and now, and past decisions may not be proper guidance as to how current and/or future cases may be adjuticated....Random Walk theory..Each case is different..Virt

almost 11 years ago
Re: ITC ID Appeal Approval

"I'm sorry but the vote is not at all telling. I'd like it to be but the fact is that they may ONLY wish to give it the look of fairness, it they have a predetermined idea. I am not saying that they do, Only the decision will give us a real 'CLUE',"

I originally thought the same way - "Appearance of Fairness", the cynic in me. But, I am leaning 55-45, that the ITC Commissioners, genuinally believe, that the case has legitimate grounds for Review, based on conflicting Constructions by Grewal and Gildea and the Oct 2013 NDoC verdict. Why make unncessary work for themselves if they have a predetermined verdict already in mind aginst PTSC??....

Personally, am leaning slightly toward a decision by the 4 Commissioners to be "consistent", and have a NDoC & ITC similar verdict. Of course, I can see the Commission voting for the Respondents cynically speaking for legitimate/illegimate reasons....Virt

almost 11 years ago
ITC ID Appeal Approval

I am greatly heartened by the ITC Commissioners vote to grant review of the initial ITC decision in September 2013. The vote was unanimous, 4-0 for review, with two recusals. IMO, the unanimous 4-0 decision is telling. The 4 ITC Commissioners are communicating to the public that the legal Appeal presented by Otteson has serious merit and should be more thoroughly investigated by the 4 Commission members. Not to discount the Respondent's Domestic Industry argument, either. Nevertheless, a 4-0 vote on anything is convincing evidence that all 4 Commissioners are in agreement, period.



On balance, IMO, the legal arguments postulated by Otteson, combined with the Oct 2013 NDoC favorable verdict toward PTSC bode well. The NDoC verdict may have been a "Wake up call) to the 4 Commissioners. Am sure they have read and re-read the NDoC court documents and importantly, Judge Grewal's Construction's.



A "Fair" minded court would take into consideration Judge Grewal's rather extensive public and private backround (MIT grad, etc) compared to Judge Gildea's limited expertise in the microprocessor world, coupled with Judge Gildea's apparent changing of the Construction meanings, after original Construction by Gildea, and conclude this Appeal must be given serious thought.



The political, economic, and legal ramifications of an Otteson victory on Appeal from the ITC Commission would be huge. IMO, an Otteson victory would be tempered by an ITC decision to narrow the scope of the offending products imported into the U.S., in order for the foreign companies to "Save face", and not alienate foreign manufacturers. Virt

almost 11 years ago
ITC Super Bowl Lineups

Listed below are brief "Player" descriptions (Tongue in Cheek) and backround for the upcoming ITC Super Bowl game in late January 2014. Game should be a Sellout with a WorldWide television audience in the Billions. Lots of interested spectators in this game to be sure.


PTSC



QB: Otteson - Leader, Recent free agent signing, polished, articulate, highly motivated, knows how to move the ball down field, can dissect any defense, accurate arm. Cerebral. Knows the play book. Game changer. "Big play" capability. Building an excellent resume in the short time he has been on the team. Super Bowl MVP potential. Team needs to sign him to long-term contract soon.



RB: Leckrone - 2-way player- offense & defense, crafty, knows the "playbook" and how to improvise, Likes to hold the ball indefinitely but fumbles too often, highly quotable, not a team player or fan favorite, lacks self control, undisciplined, penalty prone - personal fouls, illegal procedure, holding, interference, illegal roughness/block in the back etc, hothead, will go "all the way" on occasion, uses the straight arm effectively, good "blocker", runs close to the ground and sometimes under it, Good "screen" pass player, likes to play in the dirt, risk taker, takes too many risks. Runs out of bounds occasionally. Plays inside and outside the lines. Has nose for the end zone.



WR: Carlton Johnson - Distant cousin of Calvin "Megatron" Johnson - WR of Det Lions, inconsistent, long-time PTSC WR, who knows the "playbook" thoroughly and is on a first-name basis with the PTSC Owner, knows how to weave through defenses (slick), and is often invisible at times, quiet, soft, slot receiver only, no speed, no jumping ability, plays close to the ground - turtle. Good "Blocker".



WR: Flowers - Strictly outside receiver, free agent signing - negotiated big contract but has yet to produce. Afraid of contact. Runs "fly" patterns exclusively, has potential. Team player, does what he is told, keeps his mouth shut.



Team Owner: Schwartz - Long time, moneyed owner, knows how the "game" is played. Has owned/managed numerous other teams in the past e.g. Peregrine Pharmaceutical, Schwartz Financing, etc. Operates very effectively behind the scenes. Has made a lot of money owning PTSC in the past. Unknown whether he is in it for the long haul.


Cheerleader: Gloria Felcyn - Long time "Cheerleader". CPA, Forensic Accountant. Number cruncher. Well meaning, nice personality. Knows the history of this team thoroughly. Contract "Expert".



Infringers


Defense: Plays a very disciplined, team approach, with a great strategy. Experienced. Difficult to play against. Big "Defenders" throughout the lineup - "Sam" Sung, LG - Distant cousin of Lee Greenwood of "Steel Curtain" Stealers fame, ARM - Huge nose tackle, impossible to move, IBM - RDE Hall of Fame candidate. Great depth - Many defenders available worldwide. They run all kinds of "disguised" defenses - Tampon-2, Man-to-Man - U.S., Zone-Everywhere, Blitz, twists. You name it, they run it. Cause fumbles and interceptions. Will sack the QB on occasion. Take no prisoners attitude. Knows how to work the Refs (Courts), effectively. Great clock manager (Patent expiration).


PTSC is the big Underdog, Fan favorite, and travel well. They have never been to the Super Bowl, but have an outstanding QB, but little else. Infringers are very experienced and will be tough to beat. Can Otteson unlock this Infringers Defense is the key question?... TBD

Virt

almost 11 years ago
virtvision
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