To: David Pickering who wrote (4174 ) 5/22/1998 6:30:00 PM From: Zeev Hed Read Replies (1) | Respond to of 6467
David, I was a little taken aback by: "When you are to get a brand new patent on the technology (and plant), as TTRIF has done, it is no longer considered an improvement to the old technology. If it was just an improvement, the US PATENT Office would never have allowed a NEW patent...instead, the OLD patents (which are referenced in the license agreements) would have merely been EXTENDED. TTRIF will present a letter from the US Patent Examiner and Attorney verifying this." While I am not a patent lawyer, I have so far been granted 30 patents and have another 10 in the pipe line, so I know a little about the subject. There is no such a thing as an "Extension" to a patent, there are continuation in parts, divisions and other new patents. You can get a "completely" new patent that will still be dependent on the prior technology, and no one can use the new patent without a license to the old. If the same inventors are on the patent, you can even get a new patent on a development that "would have been obvious to a person trained in the art", based on the first patent (but only the person inventing the first invention is entitled to this benefit). Frankly, until we actually see what is patented in the "new patent", we really do not know. I was interested in you report on what financial treatment they will give to the $5,000,000 or so on the book of intellectual property (a sum, which I believe was paid out to a company in which Rene has control?). If indeed the old patents are no longer of any value, then we should see a "write off" of this asset. The response you received from Rene on this issue was less than clear. He mentioned something about "getting paid a million" in licensing fees, but that does not go into the assets side (until is is retained profits) and will not compensate for the write off. If he does not write ot off, he'll have very little legal grounds denying TTP use of the technology (well short of other issue, like something happening in Poland?). Zeev