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Well we appear to have lost our number one fan/pumper. It appears that DB is no longer posting on Stocktwits. What makes it even more peculiar is that all his handles, PM's and posts have been deleted. The real question is did he do this on his own or was he forced to. I had heard that TMobile was interested in his posts so maybe that was the impetus for deleting. Regardless, it just won't be the same without a DB prediction even if they never come true. the prophet
Are you deft or something? Haven't you seen or heard me make it quite clear that I haven't sold any Vplm stock for quite a few yrs? I've revealed over and over here that I yrs ago I recouped my losses and made a good profit via day trading and then vowed to never buy any Vplm stock again. And Ive said a million times I wouldn't sell my stock for less than 50 cents. You're far too misinformed to have accomplished what you say, imho. I've been long for around 13 yrs. And haven't sold any since around 7 or 8 yrs ago. Duh
My true intentions?? That implies that I've been dishonest somehow or somewhere. I've never been dishonest here in 13/14 yrs. No need to. And if you'd been paying attention, I've not only openly shared how I started and got to now, many times including, if I'm not mistaken, I just gave someone the whole boring story yesterday with lots of details. So I guess you see only what you want to see. So that's that. Additionally, I predict you will not commit to any meaningful time frame at all. Because your full of too thinly sliced baloney and I ain't buyin it. The wise peeps here all know this is nothing but a shrewd stock selling scheme. I don't believe a word you said about your position and friends. It may or may not be true. It doesn't matter what I believe. That's irrelevant. All that matters is you to quit skirting the issue which if for you to give a realistic and reasonable time frame for what you predicted, that's all. If you don't wa T to or can't, I FULLY GET IT.
So, to be clear, you are saying that the share price is making the company stock go to zero, not the company's lack of anything? Are you blaming the cart and not the horse?
Do penny stocks not sell their (worthless) shells all the time? What happens to the short then? I admit I don't know since I never have shorted, but it seems to me if you never close out a holding, it stays unclosed forever and risk is infinite. I have no clue how margin interest is figured on a worthless stock.
This is all I found....
Nothing big is going to happen. My challenge stands. Get back to me when they get financial judgements that are in-line with the "billions and billions of ongoing" infringements that the CEO has spoken about. If not then it's a complete failure and confirmation that the patents aren't worth near as claimed.
{{{{{Nyt....I forgot to close with.....KEEP SELLING THE BUYERS THANK YOU!!!}}}}}}I AM SURE THE INSIDERS THANK THE IDIOTS THAT KEEP BUYING THEIR SHARES.
{{{{{{My cost basis on an 8 figure position is zero, nil, nothing.....so if it goes to zero...I lose NOTHING!! BUT I DO PLAY FOR BIG BUCKS. I HAVE ABOUT 15 FRIENDS IN THIS STOCK AND WE COVERED OUR COST LAST SPRING!!! }}}}}}INTERESTING POST.SO YOU PLAY FOR BIG $$$ BUT YOU AND YOUR TEAM BAILED LAST SPRING.LOL.SO YOU GOT MORE THAN 10 MILLION SHARES.LET'S SEE IF YOU AND YOUR TEAM RIDE THIS POS DOWN TO ZERO.BECAUSE DO NOT EXPECT ANY UPSIDE LIKE BEFORE EVER AGAIN.THIS POS IS TOAST.
Nyt....I forgot to close with.....KEEP SELLING THE BUYERS THANK YOU!!!
Nyt...I will share my timeframe, if you share your true intentions.....I have been in this stock for 3.5 years trading it. My cost basis on an 8 figure position is zero, nil, nothing.....so if it goes to zero...I lose NOTHING!! BUT I DO PLAY FOR BIG BUCKS. I HAVE ABOUT 15 FRIENDS IN THIS STOCK AND WE COVERED OUR COST LAST SPRING!!! now share....and I will to.....
So, not a single person caught the April fools joke by ihub? Haha....bunch of dull knives in this drawer
Yeah, yeah, yeah.....lol......if I had a dollar for everytime we've heard that for the past 13 yrs, I might have enough to buy the suite.......except I know better than to waste my money on that. So, care to put a timeline on your prediction, Nostradumass (sorry couldn't resist)? Cmon now. A bold prediction like that deserves a time frame... I dare you to put a time frame on. Nah, you won't who am I kidding?
Apparently, none... doink
I have a feeling....
Something BIG is about to happen.....
Believe or not...
There is a correlation between a certain commodity and VPLM......
The time has come for the truth.....
The naysayers will be proven wrong....
KEEP SELLING......THE BUYERS THANK YOU!!!!
I wonder how many astute msg board goers caught the ihub April fools joke?
Only, if the stock never grows beyond .115. Are you going to accept the blame for people losing their shirts if the price ends up exceeding .115? We all take in information, make judgements regarding the source based on our experience and varying intellects, and make the decision that makes the most sense for each of us. Unless someone makes us buy or sell a stock by putting a gun to our heads, we are in complete control of the trades we make.
I was wrong about the low having gone to .004. It actually went as low as .003 or less than 1/3 of a cent, which is around 5x lower than now. And, this may've been a mistake or a typo but there was one day where the price was .0001. I don't know if it was actual or not but that's what it listed for around 11 yrs ago or so. Imagine picking up shares at that price and later having 200, 300, 450 bagger! In any event, the point is that contrary to a recent post, Vplm had been many x lower than current, even if the .0001 was a mistake...
You obviously have never read Title 26 of the IRC, otherwise known as the Tax Code. If a MM shorts a stock and covers thier short....it is a Capital Gains Taxable Event.....if they short, and the company goes out of business and they do not cover, it is NOT A TAXABLE EVENT...so all thier gains are tax free. This is where is gets interesting.....once in a while, an otc company does something fundamentally positive....and the MM have unlimited liability, unless they cover, which will drive the price higher then expected. I speak from both sides of the market. Be selective in what you invest in, know it inside and out...then take the biggest position you feel comfortable with and sit on your hands....is that a train heading our way in the tunnel thats going to squash us....or is it THE LIGHT AT THE END OF THE TUNNEL?
Here at the new Ibestoner.bro, formerly investorshub, they listen to very mental instead of heavy metal. No one knows what that means...
Fun fact:
Nearly 18 yrs ago, Vplm was 2, 3, 4, 5x higher in price than it is now!
"being the stock price is near its all time low"
pretty sure it's been at least as low as .004. I don't consider that close to current.
200 HUNDRED MILLION SHARES FROM .115 TO .015=SO FROM $23 MILLION TO $3 MILLION.OUCH.
PEOPLE HAVE LOST THEIR SHIRTS BECAUSE OF DB.THERE IS ONE GUY WITH 200 MILLION SHARES THAT RODE IT TO .115,AND BECAUSE OF DBs BS THAT IT WAS GOING TO .30 HE DID NOT SELL,AND RODE IT ALL THE WAY DOWN TO .013S.CRAZY.A TON OF OTHER LONGS DID NOT SELL EITHER.BECAUSE OF DBs BS SURPRISE THAT WAS COMING.LOL.DB RUN OUT OF THE SURPRISES.AND HE KEEPS QUIET IN HIS CAR PLAYING CHESS.
You are in my prayers, hang in there!
Tune in to MacGyver...
It’s immaterial….
If you read this msg board from long ago, what you find is....
All the longs got it wrong
And they still sing the same old song...
You'd think there'd be lesson learned,
But all that happened was they got burned
Now they watch their king and queen
Sell them down the river clean
Yet they still give them kudos
The dumb clucks...
I said I was done with this non productive banter with you, mainly due to your lack of comprehension and narrow mindedness and also due to not wanting to feed your propensity for rudeness and name calling.......and I did mean it and will stick to it, but I hadn't seen this post you already had put up and as I'm easily provoked, I couldn't help but to make sure I set the record straight so that discerning minds can see the pure bs you spew, over and over. Reminds me of Babs......you just can't stop or help yourself. So here's your quote and my rebuttal and then have fun cuz I'm done.
"So you believed you could make money on VPLM, bought shares, sold them for a profit and then stuck around to belittle others for doing the same thing. Got it. Please read my other posts about the discussion of whether that is sad or pathetic.
*** It amazes mean how a grown man or woman, as the case may be, can be so dang narrow minded, but you certainly are that. There are all sorts of easy to fathom explanations for what was meant when keeping it as short as possible, I told you I made money from Vplm long ago. That doesn't explain much but didn't think it was necessary.....that is until I just read your bs and bitter take from a small mind with zero imagination yet one that has no problem reaching instant conclusions with little info. I don't owe you any explanation but I want you to see what a small and mean spirited mind and attitude you have. Ironically, I've explained what happened many many times here on this board over a long time span but obviously, you are not much of a reader here. It quite simple. I was knowledgeable and interested in voip for some time before I got involved with vplm and when I did buy in, it was long before there was any talk about patents. I recieved a tip I think and I was interested in voip and felt it was up and coming so I invested in vplm. I got in pretty cheap but still higher than it is now, some 13 or 14 years later. About 2 cents. Then came all the blatant lies in the form of PRs from that Chang dude. Of course, I swallowed hook line and sinker like everybody else did here and I kept buying more and more and more... The price had gone up to around 8 cents or so but by that time I was beginning to see the cracks in the story. Then the price began a long slide downward and on paper I was waaay down underwater. Up til then, I never sold a share due to listening to the self proclaimed true longs. I was still relatively new to investing tho I started during the 2008/9 crash. I knew nothing about the markets or investing but saw opportunity. And I did well and never went into the red even tho all the otc pennystocks were trash. Made out with a few big board stocks using common sense. I took a few grand and made it a base for investments, win or lose. That included Vplm. So I was way underwater with vplm and after maybe listening to some ppl who didn't consider themselves the elite true longs (who kept telling investors to never sell and not to be weak and get shaken out). I came to realize the only way out of the hole Vplm got me in was to day/swing trade which I did and not only recouped all my on paper losses but also a very handsome profit. At the same time, my read of the entire board history and tons of DD brought me to the point where I had no more trust in this farce. And I also began to connect the dots from all the inconsistencies I kept coming across with this so called company. I no longer was interested in buying this stock and vowed to myself to never buy another share from this rogue company but I had a bunch of shares still so I just hung on to them because they weren't worth much to make it as worthwhile as I wanted. I set a sell price of 50 cents which was waaay below what most ppl here thought was gonna happen and always "soon"... It never got to that price. At one point it reached 4t cents for like a few minutes or so but I was at that time, away from the whole thing, distracted by more important family matters. Besides, it didn't reach my set price of 50 cents. I stuck to my self promise to never buy this stock again no matter what and by now I knew what a farce the whole company was so I told myself, hey, if I'm wrong and someday it goes to 50 cents or better, then I'll sell what I had and if not, I'd rather use as wallpaper than to sell for less. I was in the black for perpetuity anyways.
I continued to use the forum for various reasons. It's a social media place. It's a place of great entertainment. It's a place to give others an alternate view of what I see the company as and a warning of sorts. And it's a place really good for pushing the buttons of the abundance of fools here. There are no rules that say you have to be a pro vplm person plus I'm a very long shareholder. So that the story whether you like it or believe it or not. I have absolutely no need for you or anyone else to accept it or not. I've never told a lie here. If you dont believe it, you can do the same thing ea and every alleged infringer told Vplm what to do after receiving vplm's "love letters" that were supposed to be strong infringement warning letters but were nothing more than fluff, AND THAT IS.......TO GO POUND SALT!
Of course, there is another possible explanation....that it is just a lie....but that leads us right back to being sad and/or pathetic anyway.
*** I'm done now. And to ensure that there is no more beating of this dead horse, I'll now put you on ignore. Not sure if it notifies you or not if you try to respond henceforth, but regardless, I won't see it, so it's ended.
Have a nice life...
the sad, pathetic, therapy needer....... lololol
"This thread started with my statement that the "big boys" steal IP. Your reply was that meant I said "...every single voip service provider out there, small, medium and large are all thieves" which is obviously not true at all. But you then proceed to launch an attack for me saying so."
________________________
You're either tremendously confused, lack comprehension or just habitually twist people's words/meanings. And you consistently do so in ea post. That's not an attack, it's a fact...
The only correct thing you said was about the thread starting with YOU SAYING THAT THE BIG DOGS STEAL THE IP. So I asked you the legitimate question of where do they steal it from. Then YOU VERY CONVENIENTLY left out your silly reply that they steal it from the owners, preceded by your "duh" remark designed to say my question was dumb. It was not, but you are too myopic to realize that. It was a part for the course reply as I was clearly asking WHERE/HOW they get it from. Obviously if originates with the owners or they wouldn't be the owner, now would they. A more intelligent view of the quality estion wants to know how the big dogs go about the steal, which is not obvious like your "from the owners of the IP". It's ironic that you try to make intelligent questions and/or commentary, look dumb. Really ironic... I guess that's why you just left your less than intelligent reply out, in your current post...
So I followed from your answer that the big dogs steal it, that you were therefore saying that it's all they do is steal IP. All of them. That is consistent with you stating that the big dogs steal the IP. Simple.. Now you say it's obvious that you didn't say that.....BUT IT'S RIGHT THERE IN BLACK AND WHITE! You clearly said they steal it from the owners. Now you deny saying it, lolol.
You go on to say that the rest of my post was an attack on you. Lol, where you derive such ridiculousness is beyond understanding. In no way was the rest of my post an attack on you. The rest of my post, as I recall, was me delineating the the implications and the fallacious outcomes, that would be evident if the voip service providers indeed did steal the IP and then spend many years infringing. They were logical and sensible well thought out scenarios designed to show the falsity of that claim you made about the big dogs, NOT, AS YOU SAY, AN ATTACK ON YOU. The attack, from a discerning mind, was against the idea or theory that the companies stole from Vplm and have been infringing ever since, which happens to make zero sense, as I clearly spelled out. Attack on you??? Not surprising, I suppose, that you feel such paranoia, if that's your regular way of seeing things. Maybe you don't know what attack means? Who knows what insanity lurks in the minds of ofc msg board peeps?
Let me go look if the silliness stopped there....
Oh wait, 1st, for clarity, I should add that long ago the emu categorically stated that ALL voip service providers were infringing, a wholly ridiculous statement, nevertheless he said it and that validates my saying that "they all steal the IP", which, lol, you seemed to have a problem with even though you say THE big dogs steal the IP from the owner. And, yes, I did hear emu say it. I made perfect sense. I've had 13 yrs or so to perfect these perceptions of mine.
Ok, now back to the rest of your fantasies...
You go on to say everything I say denotes sadness. That is yet one more of your lack of ability to evaluate or assess one's mental state or attitude. Waaay off the mark. I am not a sad person in general, period. You're batting 1000 on missing the mark. Oh, but wait, you then correct yourself and say that sadness was the wrong word and so then you fake psychology by saying it's actually pathetic that I am. You attempt to qualify that by saying I make up facts and it makes me pathetic. I do not make up facts. I always separate what I consider to be facts, from my opinions or theories, conjecture etc. Perhaps you should list the facts I presented that you see, as making me sad and or pathetic. Sounds more to me like a loser who lacks credible points so in lieu, uses negative name calling. THAT.....is what I would call TRULY pathetic, because there is no semblance of you supporting or backing up your claims. That the path you made path-etic. Incidentally, I'm a student of psychology. Suggesting I need a psychologist is the VERY DEFINITION OF GASLIGHTING you are using which reveals who might benefit from some "office visits" because your failure to understand and or take things more accurately, most likely presents you with regular problems. Friendly advice is all.
I think you went on with more of the same drivel but enough us enough. I suggest you end it here as you're so far off base, no way you'll reach home so I'm dropping it here. No point in continuing. If you choose to continue, I'll just do iggy.
Have another day
“I'm relatively new & relatively unknowledgable about this stuff. If you have a buyer, must then be a seller & vice-versa, right? So when u say buyers, no selling, what does that mean.. buy or sell from MM's?”
Lmao idiot
No, don't stop.......puh-lease don't stop. Keep the entertainment rollin!
Day 26-in the hospital gown. Retired helicopter pilot-gets a helicopter ride to the hospital. lol. Hanging in there. Thanks for asking. Glty
LOL!! Get back to me when they get financial judgements that are in-line with the "billions and billions of ongoing" infringements that the CEO has spoken about. If not then it's a complete failure and confirmation that the patents aren't worth near as claimed.
Just stop it!! There is no major news coming!! Get back to me when they get financial judgements that are in-line with the "billions and billions of ongoing" infringements that the CEO has spoken about. If not then it's a complete failure and confirmation that the patents aren't worth near as claimed.
BREAKING NEWS!
VPLM to be taken off the market for causing early dementia... Film at 11
Ooh, wait.....shhh......i think I hear more monkey wrenches incoming... Hang on, there's the mailman......gotta go look/see if my shill check came in...
Boy, does Vplm ever attract some dummies. Once again, I need to thank them for providing the entertainment that allowed me to "cut the cord" (ok, ok...I'm lying....theyre not REALLY entertaining.....except to the other dummkopfs, lol). They're on a whole nuther level....
For those with any brains........there's absolutely no need for anyone to "bash" Vplm, except I guess, from those who lost alot and want to curse at Vplm. Understandable. But other than them, no need to bash, as Vplm has been bashing themselves from the git. They aren't here to sell patents. They are quite obviously here to sell stock for huge profit on the backs of the shareholders who propped them up over the years, believing their thinly sliced baloney. And now, the baloney heads bow down to the emu from eGipped. And they defend and pump Vplm. It's fascinating to watch
So you're saying I'm a paid shill. Good thing you're not paid to evaluate or analyze........you'd surely starve.
AND AT ALL THREE DIRTY BAGS SELLING DAILY.MILLIONS OF SHARES.FOR MARCH ALONE.THE STOCK IS GOING DOWN.
TRANS DATE FILER OWNERSHIP TYPE PRICE SHARES
03/28/2024 WILLIAMS KEVIN BRYAN
Director Direct Sell 0.0152 200,000
03/27/2024 WILLIAMS KEVIN BRYAN
Director Direct Sell 0.0155 75,000
03/26/2024 WILLIAMS KEVIN BRYAN
Director Direct Sell 0.0155 125,000
03/28/2024 BAGGIO BARBARA
Other Direct Sell 0.0151 229,700
03/27/2024 BAGGIO BARBARA
Other Direct Sell 0.0155 20,300
03/25/2024 BAGGIO BARBARA
Other Direct Sell 0.0162 450,000
03/28/2024 CHANG DENNIS
Director Direct Sell 0.0152 125,000
03/27/2024 CHANG DENNIS
Director Direct Sell 0.0152 125,000
03/25/2024 CHANG DENNIS
Director Direct Sell 0.0155 125,000
03/22/2024 WILLIAMS KEVIN BRYAN
Director Direct Sell 0.0156 290,000
03/21/2024 WILLIAMS KEVIN BRYAN
Director Direct Sell 0.016 250,000
03/20/2024 WILLIAMS KEVIN BRYAN
Director Direct Sell 0.0157 300,000
03/22/2024 CHANG DENNIS
Director Direct Sell 0.0156 125,000
03/21/2024 CHANG DENNIS
Director Direct Sell 0.0158 125,000
03/20/2024 CHANG DENNIS
Director Direct Sell 0.0156 125,000
03/19/2024 CHANG DENNIS
Director Direct Sell 0.0158 125,000
03/18/2024 CHANG DENNIS
Director Direct Sell 0.0156 125,000
03/22/2024 BAGGIO BARBARA
Other Direct Sell 0.0158 150,696
03/21/2024 BAGGIO BARBARA
Other Direct Sell 0.0158 150,000
03/20/2024 BAGGIO BARBARA
Other Direct Sell 0.0156 150,000
03/19/2024 BAGGIO BARBARA
Other Direct Sell 0.0159 250,000
03/18/2024 BAGGIO BARBARA
Other Direct Sell 0.0158 339,447
03/14/2024 BAGGIO BARBARA
Other Direct Sell 0.0158 250,000
03/13/2024 BAGGIO BARBARA
Other Direct Sell 0.016 250,000
03/11/2024 BAGGIO BARBARA
Other Direct Sell 0.0159 200,000
03/15/2024 CHANG DENNIS
Director Direct Sell 0.0158 125,000
03/14/2024 CHANG DENNIS
Director Direct Sell 0.0158 125,000
03/13/2024 CHANG DENNIS
Director Direct Sell 0.016 125,000
03/11/2024 CHANG DENNIS
Director Direct Sell 0.0159 200,000
03/08/2024 CHANG DENNIS
Director Direct Sell 0.0163 61,246
03/08/2024 BAGGIO BARBARA
Other Direct Sell 0.0162 450,000
03/06/2024 CHANG DENNIS
Director Direct Sell 0.016 200,000
03/05/2024 CHANG DENNIS
Director Direct Sell 0.0165 200,000
03/04/2024 CHANG DENNIS
Director Direct Sell 0.0162 125,000
03/01/2024 CHANG DENNIS
Director Direct Sell 0.0165 125,000
03/07/2024 BAGGIO BARBARA
Other Direct Sell 0.0164 41,300
03/06/2024 BAGGIO BARBARA
Other Direct Sell 0.0164 69,253
03/05/2024 BAGGIO BARBARA
Other Direct Sell 0.0165 250,000
03/04/2024 BAGGIO BARBARA
Other Direct Sell 0.0163 300,000
03/01/2024 BAGGIO BARBARA
Other Direct Sell 0.0168 250,000
ORCA WILL BE GONE BETWEEN .023 AND .025.BUT I DO NOT SEE IT COMING THIS YEAR.POSSIBLY BE NEXT MAY 2025.THERE WILL BE NO NEWS THIS YEAR.OTHER THAN TREMENDOUS DELAYS.THE WHOLE SYSTEM IS A SCAM IMO.THE INSIDERS ARE GETTING RICH,AND THE LONG SHAREHOLDERS ARE MOVING IN THEIR NEW HOMES=CARS.SOME IN YUGOS,AND SOME IN DODGE CARAVANS.LOL.A COUPLE LONGS HERE THAT THEY WERE LOOKING TO RETIRE FOR A BIG PAY OUT FROM VPLM,ARE GOING TO BE LOOKING FOR JOBS AT 7/11 GRAVE SHIFTS.BARBARA AND JENKINS HAN ARE TAKING THEIR WALLETS.THE O/S IS BALLOONING.
We must be getting close to a MAJOR RALLY. the naysayers are out in force trying to keep the buyers from taking new positions. I can tell you....KEEP SELLING....THE BUYERS THANK YOU...the truth is just around the corner.....I can't wait til we hit .023....Orca will sell and hopefully be gone to greener pastures on the big board stock as he says....the other naysayers are paid shills by the market makers that are short...THE SHIT IS ABOUT TO HIT THE FAN!! AND FOR THE LONGS, IT WILL BE REWARDED...patience is a virtue!!
I expected a more intelligent answer. Don't know why...
Since Vplm or lord emu of eGipped and Queen quicksell are the owners of the IP, then I've no choice than to dub your answer of "duh, They stole the IP from the IP owners", as THE dumbest answer of the year, if not the decade. Either way, it's dumb. It's kinda like saying "the bank robbers got their loot from the bank"... I suppose the question was somewhat rhetorical since no one here, of the many who contended the companies stole the IP, none have ever explained how they did so and from where. I think it's a perfectly legitimate question and an important one. I won't explain why, since I see you're at such an elementary level of thought, it would go over your head, so not much point.
But the question remains for someone who thinks they might have a more intelligent answer as, where and how was the software and coding stolen from? After all, I'd venture that the court, should there ever be an actual trial, which is very doubtful, would most certainly want to know the same answer to that question......and I can just imagine the lawyers saying, as if it's all that matters, "uh....dey stole it from us, mun...i mean judge". Again, a perfectly legitimate and important question that will not garner an answer like yours, in court.
As to the rest of the post being a "noxious rant", the noxious part is most likely you such a smart feller and smelling your own farts. If you can get that part out of the way, then you'll only be dealing with rant. A rant is a long, wild, impassioned communication. Well, it's not really all that long. It concisely points out the various implications that follow from the accusation of all voip service provider companies stole the tech. Each separate point was pretty short and not at all wild. As to impassionate, since I didn't utilize much in the way of adjectives and/or name calling and simply delineated the basic implications, any measure of passion, would be a guess or an added thing on your part. Truth be told, I AM passionate about my beliefs of what vplm really is but not much passion in my post, just legit points that ought to be considered or answered more intelligently, regardless of if you disagree.
There is a good reason why all the guesses and predictions I've made here over the past 10 or 12 yrs have played out to be right, while all those from the pro crowd have clearly and heavily been wrong. Mine are derived from much dd, critical thought, resulting in succinct, unambiguous, cogent and lucid determinations and dot connection. You want rant?......there you go.
As to my points not being about what you said, that depends on how you look at it.
I wonder why Vplm stock is sooo overvalued?
Where exactly do they steal it from? And you are also saying that every single voip service provider out there, small, medium and large are all thieves and not a single honest one? Is that correct? And even tho Vplm has shown clearly that they could not be starved out for the past dozen years or so, not a single one of those alleged infringers, is the least bit concerned about getting massive fines, which are not, over time, getting less, but are only growing higher and higher (the fines or settlement amounts)? And every single one of them ignores the fact that if of course, the patents were truly all that, that they would rake in zillion by just buying and owning the patents. Do I have that right? And not a single one believes for a second, in being fiduciary? And they all are not the least bit concerned about all the successful ipr outcomes? And not a single one of them has even considered even for a second that any one of their competitors could snatch up the patents at any given moment and then they will be slaves to the new owners and lose all that revenue they could have had for themselves. You can explain this all away, no?
The "big boys" steal IP and "win" by attrition. I have witnessed them string out infringement cases 10 years or more. They simply starve out the real inventors. Seems that if they believed they were innocent, they would want the case, and the costs of defense, to be over as soon as possible.
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Moderators Sheepdog GreenBackClub Russ777 Spyke37 |
11810 NE 34th Street
Bellevue, WA 98005
Estimated Market Cap $27,166,417 As of November 05, 2021
Authorized Shares 3,000,000,000 As of October 18, 2021
Outstanding Shares 1,951,330,092 As of Feburary 28, 2019
Outstanding Shares 1,731,447,863 As of October 18, 2021
(Shares outstanding dropped by 219mm++)******
Float 831,342,791 As of September 23, 2021
Revenues: $0 to date.
Voip-Pal's intellectual property value is derived from ten (10) issued USPTO patents including five parent patents, one of which is foundational and the others which build upon the former.
The five (5) core patents are:
1.) Routing, Billing & Rating ("RBR");
2.) Lawful Intercept;
3.) Enhanced E-911;
4.) Mobile Gateway; and
5.) Uninterrupted Transmission
The Voip-Pal inventions described in the ten-patent portfolio provide the means to integrate VoIP services with any of the Telco systems to create a seamless service using either legacy telephone numbers of IP addresses, and enhance the performance and value of VoIP implementations worldwide.
The Voip-Pal patented technology provides Universal numbering ubiquity; network value as defined by Metcalfe; the imperative of interconnect, termination, and recompense for delivery of calls by other networks; regulatory compliance in regulated markets; interconnection of VoIP networks to mobile and fixed networks; and maintenance of uninterrupted VoIP calls across fixed, mobile, and WiFi networks.
While there are several popular VoIP implementations, VoIP is utilized in many other lesser-known places and by practically every modern telephony system vendor, network supplier, and retail and wholesale carrier.
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https://www.otcmarkets.com/filing/html?id=13148084&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13146397&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13146353&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13145009&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13144993&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13110545&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13110507&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13099496&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13099423&guid=znetUKy8w8cHxth
https://www.otcmarkets.com/filing/html?id=13099381&guid=znetUKy8w8cHxth
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WARNING! COMPANY CONTINUES TO RAISE AS AND OS WITH NO REVENUES IN SIGHT:
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VPLM'S CASE DISMISSED BUT WILL BE APPEALED.
https://www.otcmarkets.com/stock/VPLM/news/Voip-Palcom-Reports-Decision-in-the-Alice-101-Motion?id=222536
https://www.scribd.com/document/403267736/VOIP-PAL-Obviousness-Ruling
BELLEVUE, Wash., April 16, 2019 (GLOBE NEWSWIRE) -- Voip-Pal.com Inc. (“Voip-Pal”, “Company”) (OTCQB: VPLM) announced that at a meeting of the Board of Directors on April 15, 2019, the Directors of Voip-Pal unanimously rejected a formal offer from Dr. Gil Amelio and his associates to take over management of the Company. Part of the offer provided options to purchase only the stock owned by Voip-Pal’s CEO, Emil Malak. Fully exercised, the options would have paid Mr. Malak approximately $150 million for his shares of Voip-Pal stock.
Voip-Pal’s Board of Directors including CEO, Emil Malak, carefully considered the offer but unanimously voted to reject this proposal; however, the Company is open to further discussions with Dr Amelio. Voip-Pal is actively pursuing the sale of all of Voip-Pal’s shares, on behalf of the more than 4500 shareholders, not just the shares owned by Mr. Malak.
Dr. Amelio has held prominent positions with various technology companies, including serving as the CEO and Chairman of Apple Computer, (1996-1997), President, CEO and Chairman of National Semiconductor, and President of Rockwell Communication Systems. He has also served on the board of directors of several companies including Apple, (1994-1996), AT&T, (1995-2013) and Interdigital. He received a Bachelor’s Degree, Master’s Degree, and Ph.D. in physics from the Georgia Institute of Technology. Dr. Amelio has been awarded 16 patents and a 17th is pending.
Renowned patent and IP expert, William Sweet is one of Dr. Amelio’s associates on this proposal. According to Dr. Gil Amelio, Mr. Sweet and his team have conducted extensive research on Voip-Pal’s patent portfolio.
Emil Malak, Voip-Pal CEO, “We have great respect for Dr. Gil Amelio and his team and we are very pleased to know they see such value in our patents or they would not have tendered this offer. We are currently focused on our legal appeal to the recent Alice 101 decision as well as finalizing our strategy to move forward in Europe. In the meantime we are working diligently to add to our patent portfolio with patent continuation applications. Patience is a virtue.”
About Voip-Pal.com Inc.
Voip-Pal.Com, Inc. (“Voip-Pal”) is a publicly traded corporation (OTCQB:VPLM) headquartered in Bellevue, Washington. The Company owns a portfolio of patents relating to Voice-over-Internet Protocol (“VoIP”) technology that it is currently looking to monetize.
Corporate Website: www.voip-pal.com
IR inquiries: IR@voip-pal.com
IR Contact: Rich Inza (954) 495-4600
“Courts should never be tasked with dealing with the complexities of patent validity because they lack the necessary technical expertise.”
I am Emil Malak, CEO of VoIP-Pal.com Inc., and a named inventor on two U.S. patents–Mobile Gateway: US 8,630,234& Electrostatic Desalinization and Water Purification: US 8,016,993. To date, our company owns 22 issued and or allowed patents, which we developed over the past 15 years. Against all odds, we have been 100% successful in defending eight Inter Partes Reviews (IPRs): four from Apple, three from AT&T, and one from Unified Patents. We are presently in litigation against Apple, Verizon, AT&T, Twitter and Amazon.
My experience with Voip-Pal has made it painfully clear that the deck has been stacked against companies who own IP being used without license by large tech companies. The America Invents Act (AIA), orchestrated by Silicon Valley, was designed to destroy the very ladder they climbed to ascend to their lofty perch, and make certain that they could not be challenged.
Owning a patent used to be the dream of every small inventor in America. For more than 200 years, the intellectual property rights of American inventors—both big and small—were protected by patent laws that encouraged innovation and risk-taking for the promise of reaping financial rewards for their inventions. That all changed in 2011 with the passage of the Leahy-Smith America Invents Act (AIA), which has since caused irreparable harm to the United States’ patent system and has stacked the deck against the little guy in favor of the Silicon Valley and other giants. Post grant reviews of issued patents existed prior to the AIA, but the AIA, through the creation of the Patent Trial and Appeal Board (PTAB) and the Inter Partes Review (IPR) created a post grant review process hostile towards patent owners. The lack of oversight, appointment of judges with apparent conflicts of interest, and allowing unlimited challenges to a single patent regardless of standing are just a few of the changes that placed a heavy hand on the scales of justice weighing in favor of Silicon Valley.
At the time, members of Congress said they were enacting legislation that would strengthen and streamline patent protection law, passing it by overwhelming majorities of 71% in the House and 95% in the Senate. However, eight years after its passage, the evidence clearly shows they have crippled the patent system.
This was never about streamlining the patent system—in fact, it has had the opposite effect. Instead of going into court to adjudicate an infringement case based upon the merits of the granted claims, the process is all about stalling, obfuscating, and forcing small companies to burn through their capital fighting a system that has been paid for by Silicon Valley. The AIA provided the legal mechanism for the Silicon Valley and others to destroy small companies and inventors, drain their limited resources and drive them out of business.
Small patent owners often engage in the futile effort of attempting to license their patents. Discussions with big tech companies are mostly fruitless and usually prove to be nothing more than a delay tactic by the infringer. The inventor is then forced to turn to the courts for enforcement and sues the unlicensed user of the technology. A lawsuit by the patent owner will usually trigger the IPR process. More often than not, the infringer will succeed in revoking all or part of the asserted patent. Even if the infringer fails in their efforts to cancel the patent, they will have succeeded in stalling as much as 18 months, costing the inventor precious capital, and knocking many out of business.
Courts should never be tasked with dealing with the complexities of patent validity because they lack the necessary technical expertise. Patent validity issues such as sections 101, 102, 103, indefiniteness, and all other technical matters should be decided prior to a patent being issued by technically qualified examiners at the USPTO, not by the court. Once issued, a patent should only be challengeable at the USPTO, and only for a predetermined period, i.e. six months. The courts should only decide matters of infringement and damages.
No aspects of patent law should ever be subjective. Congress can fix the inconsistencies between the USPTO and the courts and put them on the same page by passing laws that clearly define patent validity guidelines, i.e. what is abstract. Life in the 21st century is dependent on computers. Consequently, many software-centric patents adding new inventive steps are being developed, only to be labeled abstract by the courts and invalidated. The lack of uniformity is responsible for nullifying valuable patents and strengthening the chokehold the Silicon Valley has on the necks of small inventors. Courts should only deal with infringement and damages based solely on clearly these defined guidelines.
Director Iancu has a very tough job ahead. He inherited a broken system, heavily biased against the little guy. Since taking the reins he has made positive changes and has shown his commitment to leveling the playing field for all inventors. He recently published revised 101 guidelines for his department that he hopes will lead to changes in how the Federal Circuit views eligibility under 101. To date, the courts have refused to apply the USPTO’s guidelines.
The current rigged system is killing innovation in the United States. In this time of special prosecutors, it is appropriate for one to be appointed to investigate exactly how we got here. There are many questions that need to be answered:
After spending the last 15 years dealing with patent issues, my advice to inventors and small companies is to not waste their time and money spinning their wheels in the current patent system. It takes too many years and often millions of dollars to secure a patent, only to have it taken away by a hostile IPR process. The USPTO has the most technically competent examiners in the world. These highly qualified experts in their field work diligently to issue quality patents, only to have their work erased by the PTAB and the courts. Despite their efforts, the value of the patents they carefully issue is often worth less than toilet paper. The AIA has reduced once valuable patent ownership into a fraudulent representation of what it used to signify.
While the Silicon Valley conspires to steal intellectual property and stifle innovation, supported by the PTAB and the court system, China’s Shenzhen is emerging as a technical powerhouse; with plans to install 7,000 new 5G base stations this year alone. If the Silicon Valley continues their suppression of technological innovation, they will be displaced by Shenzhen as the hi-tech leaders of the world.
If the United States is to lead the world again in patent protection and innovation, the AIA must first be repealed and replaced with a set of laws that protect innovators and offers them the opportunity to profit from their inventions. The patent issuance process should be streamlined. It currently takes many years to issue a single patent, often followed by several years and potentially millions of dollars in post-grant defense costs. Reduce the issue time to one year and allow a six-month post-issue period for any challenges, which should all be handled by technical experts at the USPTO. The USPTO can fund these changes by increasing patent filing and issue fees. It is preferable for an inventor to spend $30,000 in fees for a patent’s issue within a reasonable amount of time than to get stuck in a process that takes years for issuance followed by more years and millions of dollars to defend.
Is Silicon Valley attempting to turn us into a corporatocracy through massive political contributions and their influence over policy making? Have they become too big and too controlling? Does the AIA rise to the level of fostering antitrust and anti-competitive practices described in the Sherman Anti-Trust Act (1890)? Did its passage by Congress and its eventual implementation violate any antitrust or anti-competitive laws? Was the AIA a collaboration between paid politicians, the Silicon Valley and the USPTO to stifle competition? Only a special prosecutor can answer these questions.
Some have made the case that the AIA has all the ingredients of antitrust. It has undoubtedly given the upper hand to the infringers and makes it nearly impossible for the small inventor to monetize their inventions and intellectual property. One thing is certain; if the AIA had been in place 40 years ago, the world would never have known Bill Gates, Steve Jobs, Michael Dell or Mark Zuckerberg. The tech giants of the time, IBM and Texas Instruments, would have used the PTAB to eliminate them in the same way Apple and Google do today.
It’s time to take a serious look at breaking up monopolistic corporations like Facebook, Google and Amazon. Facebook and Google, especially, control the flow of information in the United States and worldwide. They are restricting the free flow of ideas, news and opinions, and manipulate search engine and newsfeed results for their own purposes. With some obvious exceptions like child pornography, sex trafficking, drugs and harmful scams, they should not be the arbiters that decide which information people receive. They have to cease in being a political platform. Information should flow freely without going through a corporation’s biased filters.
Recently, Facebook co-founder Chris Hughes and Silicon Valley investor and former mentor to Mark Zuckerberg, Roger McNamee, have publicly called for the breakup of Facebook. In addition to Facebook, McNamee is also calling for the breakup of Google and Amazon, which he says have all undermined democracy, violated user privacy and gained monopoly power. The transformation of the U.S. patent system over the past decade is evidence of the harm caused when companies like these are allowed to monopolize their industries. These powerful providers of information have become “governments in waiting.” Capitalism only thrives when the rules encourage innovation and competition.
I am not making accusations. I am only hoping that we can dig deep and get to the bottom of what happened that caused the radical transformation of American patent law and injured so many inventors and stakeholders. We need the appointment of a special prosecutor to investigate these matters. Every day I wake up and work diligently to move Voip-Pal forward towards monetization. We are no stranger to the landmines which have been laid by the AIA, but we will keep battling until we succeed. As long as I am breathing, I will continue to fight for each of the more than 4,600 shareholders I represent. America will always be the greatest country for freedom and justice in the world.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of Voip-Pal.com Inc.
Image Source: Deposit Photos
Photo by iqoncept
ID: 10088061
Emil Malak is the largest single shareholder of Voip-Pal.com, Inc., a publicly traded company where he serves as a Director and Chief Executive Officer. He has spent the last 16 years overseeing the development of the company’s intellectual property comprised of more than twenty telecommunications patents in the United States and several international patents in Europe, India, Canada and Indonesia. In addition to his work as Voip-Pal’s CEO, Mr. Malak has spent the last 7 years involved with a medical research team of doctors, serving as the chairman of the board of Thorne BioMed Ltd. They are currently conducting cancer research in Germany where they are committed to pursuing a possible reduction to cancer metastasis.
For more information or to contact Emil, please visit his company profile page.
www.globenewswire.com/news-release/2019/05/28/1851157/0/en/Voip-Pal-com-Announces-the-Patent-Trial-and-Appeal-Board-Rejected-Apple-s-Request-for-Rehearing.html
BELLEVUE, Washington, May 28, 2019 (GLOBE NEWSWIRE) -- Voip-Pal.com Inc. (“Voip-Pal”, “Company”) (OTCQB: VPLM) is pleased to provide an update on its current legal activities:
Recently, Voip-Pal CEO, Emil Malak authored an op-ed on the current status of the United States patent system. In his article, Mr. Malak calls for revamping the current patent system and praises the efforts of USPTO Director Andrei Iancu, who Mr. Malak believes is determined to correct the problems at the USPTO to better protect inventors and encourage innovation.
The op-ed was published on IPWatchdog.com. IPWatchdog.com has been recognized by their peers as “one of the leading sources for news, information, analysis and commentary in the patent and innovation industries”. The article can be viewed on IPWatchdog.com or at the Company’s website www.voip-pal.com
CEO, Emil Malak, stated, “We are very pleased with the PTAB’s decision to deny Apple’s request for a rehearing. For the second time in recent months three senior PTAB judges have sided with Voip-Pal. They have confirmed the two challenged patents on their merits and rejected Apple’s accusations and innuendo. Since we launched our first legal actions in 2016 our patents have been heavily challenged and we expect more challenges may come. We are very confident in the strength of our patents and we believe they will survive any challenges that may come our way based on their technical merits.”
“The current patent system favors the tech giants of Silicon Valley making it difficult for small companies to assert their patents against infringement. However, we are determined to see this through until the very end. The defendants, Apple, Verizon, AT&T, Twitter and Amazon are working together and will do whatever they can to drag this process out. We want everyone to know we are not going away. We will continue this fight until we reach a settlement, sell the Company or have our day in court. Eventually the defendants will have to deal with us and our patents will prevail. Patience is a virtue”
About Voip-Pal.com Inc.
Voip-Pal.Com, Inc. (“Voip-Pal”) is a publicly traded corporation (OTCQB: VPLM) headquartered in Bellevue, Washington. The Company owns a portfolio of patents relating to Voice-over-Internet Protocol (“VoIP”) technology that it is currently looking to monetize.
Any forecast of future financial performance is a "forward looking statement" under securities laws. Such statements are included to allow potential investors the opportunity to understand management’s beliefs and opinions with respect to the future so that they may use such beliefs and opinions as one factor among many in evaluating an investment.
Corporate Website: www.voip-pal.com
IR inquiries: IR@voip-pal.com
IR Contact: Rich Inza (954) 495-4600
THE PTAB IS FINALLY DONE!!! VPLM 8-0 VS Unified Patents, T and BIGGEST, LONGEST CHALLENGES OF ALL...aapl! aapl LOSES!!!
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OS HAS DROPPED TO 1.75B. CEOS
BUYOUT OFFER, EMIL WAS OFFERED $150m.
Voip-Pal’s Board of Directors Has Rejected a Formal Offer from Dr. Gil Amelio and Associates to Purchase CEO Emil Malak’s Shares and Take Over Control of the Company
VPLMs data shows they are out of cash, commonsense is VERY concerned over this. The last Q alone cost $974,427 in expenses and they have $390,025 left. Sell shares machine in full effect. They made a bunch off that initial Pump and Dump cycle and burning through it since. But now, they can't get the price over $.03 really because the weight of the OS is too high, so millions more need to be dumped EVERY single month going forward.
*******WARNING ********
FALSE CLAIMS BEING MADE IN ORDER TO LOWER VPLM PPS
ALL LAWSUITS ARE MOVING FORWARD THROUGH
APPEAL OR OTHERWISE
EUROPEAN UNION IS UP NEXT, SHORTLY
VERY SIMPLE VPLM THEME:
VPLM HAS BEEN GRANTED 26 PATENTS IN THE U.S., THE E.U., INDIA, INDONESIA, BRAZIL AND CANADA!
VPLM WILL PROSECUTE THOSE PATENTS AND HAS GONE 8-0 IN PATENT CHALLENGES AT PTAB
VPLM HAS NEVER MADE A NEW LOW UNDER EMIL MALAK, ALTHOUGH VPLM HAS MADE THREE NEW HIGHS UNDER EMIL
NO QUESTION, VPLM IS VOLATILE; VPLM IS FIGHTING SOME OF THE LARGEST COMPANIES IN THE WORLD
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WARNING
RETAIL SHAREHOLDERS INTERESTS DIMINISHING AND SHARES HITTING THE FLOAT CONSISTENTLY WITH TONS OF STOCK ISSUED OVER PAST YEARS!
DEFINITION OF TOXIC IN THIS ARENA! ITS RIGHT THERE IN THE FILING!
REMEMBER, VPLMS IP MIGHT BE WORTH BILLIONS
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“Continued chaos about the patent eligibility of non-physical technological advancements imposes devastating costs on innovators and industry.” – InvestPic counsel, Bill Abrams
On May 15, SAP America, Inc. filed a respondent’s brief with the Supreme Court in InvestPic, LLC v. SAP America Inc., a case in which InvestPic’s patent claims covering systems and methods for performing statistical analyses of investment information were invalidated under 35 U.S.C. § 101. Petitioner InvestPic is asking the nation’s highest court to determine whether the “physical realm” test for patent eligibility under Section 101 that the Court of Appeals for the Federal Circuit applied contravenes both the Patent Act and SCOTUS precedent. SAS’ brief contends in response that the mentions of “physical realm” are scant in the case record and that the present case provides a “textbook application” of Supreme Court precedent on claims involving mathematical equations.
InvestPic’s U.S. Patent No. 6349291, Method and System for Analysis, Display and Dissemination of Financial Information Using Resampled Statistical Methods claims a method that involves selecting a sample space, including an investment data sample, generating a distribution function using a re-sampled statistical method and a bias parameter that determines a degree of randomness in a resampling process, and generating a plot of the distribution function. SAP America filed a complaint for declaratory judgment of invalidity of the ‘291 patent in the Northern District of Texas in 2016 and, in 2017, the district court declared the challenged claims invalid under Section 101 on a motion for judgment on the pleadings.
The Federal Circuit’s decision on appeal was first issued in May 2018, before the opinion was modified that August. In affirming the lower court’s invalidity findings, the CAFC panel of Circuit Judges Alan Lourie, Kathleen O’Malley and Richard Taranto noted that the appellate court may assume that claimed techniques are “groundbreaking, innovative, or even brilliant” yet may still be determined to be patent-ineligible subject matter:
“No matter how much of an advance in the finance field the claims recite, the advance lies entirely in the realm of abstract ideas, with no plausibly alleged innovation in the non-abstract application realm.”
The Federal Circuit’s discussion of the non-physical aspects of InvestPic’s claimed invention mainly take place in the context of discussing other cases decided by the appellate court in which physical aspects of the claimed invention led to determinations that the invention was patent-eligible. In 2016’s McRO Inc. v. Bandai Namco Games America Inc., the challenged claims were directed to the display of lip synchronization and facial expressions of animated characters, which the court determined was physical, unlike InvestPic’s invention, which claimed no improved display mechanism. Likewise, in 2017’s Thales Visionix Inc. v. United States, the claimed improvement was implemented in a physical tracking system. By contrast, the Federal Circuit held that InvestPic’s improvement in the selection and mathematical analysis of information followed by display of the results wasn’t an improvement in the physical realm despite the fact that some claims required databases or processors.
InvestPic’s petition contends that the Federal Circuit’s “physical realm” requirement ignores the primacy of preemption avoidance in Section 101 jurisprudence stemming from Supreme Court case law. In 19th Century cases such as Le Roy v. Tatham (1852) and O’Reilly v. Morse (1853), the Supreme Court struck down patent claims that were overbroad in a way that would preempt future innovation. However, in 1981’s Diamond v. Diehr, the Court upheld claims involving a mathematical equation because only a specific application of the equation was claimed. The Federal Circuit’s “physical realm” requirement is detached from Section 101 preemption jurisprudence, InvestPic argues, despite the fact that preemption concerns are at the center of the Alice patent eligibility test in which the “physical realm” requirement was applied.
InvestPic also contends that the Federal Circuit’s “physical realm” requirement exists in conflict with Congressional allowance of patents on novel processes that are executed by computers. Section 101 of the U.S. patent law allows for the issue of a patent for a “new and useful process” and “process” as defined by 35 U.S.C. § 100(b) includes “a new use of a known process,” such as the ‘291 patent’s use of the known process of resampling in the new application for investment portfolio analysis. Changes to U.S. patent law under the 2011 America Invents Act didn’t amend the definition of “process” in Section 100 and the patent-eligibility of inventions that didn’t exist in the physical realm led to the proliferation of calculator patents in the 1970s and digital patents in the 1990s, the latter period including the “PageRank” algorithm granted to Google.
The application of Section 101 jurisprudence has led to major patent-eligibility concerns in valuable and rapidly growing tech sectors. InvestPic cites to data published in July 2016 by IPWatchdog Founder Gene Quinn, which showed extremely low allowance rates in certain tech sectors post-Alice, including a 1.3 percent allowance rate in Art Unit 3689, which covers financial data processing patent applications. InvestPic also cites an October 2018 guest post on PatentlyO penned by Santa Clara University Law School Professor Colleen Chien which showed that art units affected by Alice saw a rise in office actions that rejected applications on Section 101 grounds, from 25% of all rejections pre-Alice up to 75% after the Alice decision.
The lack of predictability in patent-eligibility matters has led the U.S. Patent and Trademark Office to release revised guidance on Section 101 eligibility this January. InvestPic cites this updated guidance as a result of the “crisis for invention posed by the lower courts’ [Section] 101 morass.” Petitioners also argue that the present case presents an ideal vehicle to restore consistency of the application of Section 101. Unlike the claims in Alice, the invention covered by the ‘291 patent claims is not a trivial coding project and the patent survived Section 102 anticipation and Section 103 obviousness challenges in reexamination proceedings at the USPTO, the Patent Trial and Appeal Board (PTAB), and an appeal of those proceedings to the Federal Circuit, says InvestPic. Further, the ‘291 patent has been cited by more than 50 other issued patents, proving both the narrowness and non-preemptive nature of the patent claims.
In SAP America’s response brief, filed May 15, it argues that InvestPic overstates the application of the “physical realm” requirement, as the phrase only appears twice in the Federal Circuit’s decision. A “cursory look at the patent claims” defeats the physical realm argument, as they require physical elements such as databases and processors, which the Federal Circuit held to be generic computing components. SAP also argues that the decision is consistent with 80 years of Supreme Court precedent on the patent-ineligibility of mathematical expressions or formulas in cases such as Mackay Radio & Telegraph Co. v. Radio Corp. of America (1939), Gottschalk v. Benson(1972) and Parker v. Flook (1978).
Because InvestPic’s patent claims elements in the physical realm, SAP argues that the present case isn’t a suitable vehicle for deciding the issue of the Federal Circuit’s test. SAP also cites Federal Circuit decisions following InvestPic in which software patent claims have been upheld as eligible under Section 101, thus contradicting the notion that the appellate court has adopted such a test; these decisions include Ancora Technologies, Inc. v. HTC America, Inc. and Data Engine Technologies LLC v. Google LLC (both 2018).
SAP further pushes back against InvestPic’s contention that an intra-circuit split on the application of Aliceexists. InvestPic had cited cases such as DDR Holdings, LLC v. Hotels.com, L.P.(2014) and Ariosa Diagnostics, Inc. v. Sequenom, Inc. (2015) to argue that some Federal Circuit panels held that the absence of preemption conferred patent-eligibility, while others held that preemption was only relevant as a factor. “To be sure, some of these decisions discuss preemption in greater depth,” SAP argues, but none of the cases expressly held what InvestPic contended. While InvestPic’s claims survived Section 102 and Section 103 challenges in other proceedings, SAP notes that Section 101 statutory subject matter is a different matter than Section 102 novelty, noting that the Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012) expressly refused patent-eligibility inquiries outside of Section 101.
Bill Abrams of Foster Pepper PLLC’s Intellectual Property Group and Counsel of Record for InvestPic in its appeal to the Supreme Court, sent the following comments to IPWatchdog:
“InvestPic v. SAP Americainvolves perhaps the most important issue in patent law today—what it means for an idea to be ‘abstract.’ Are software and other computer-implemented inventions ‘abstract’ and, therefore, ineligible for patenting? The answer dramatically impacts patent law and innovation across our modern, digital economy….
“Despite the Supreme Court’s preemption test to determine if an invention is an ineligible abstract idea, the Federal Circuit, in InvestPic and other cases, evaluated the physicality or tangibility of inventive ideas, rather than if the claimed invention would preempt basic fields of technology. This competing understanding of what constitutes an ‘abstract idea’ has resulted in irreconcilable decisions by different Federal Circuit panels. The ensuing uncertainty has made it nearly impossible to predict what inventions are eligible for patent protection. Such uncertainty damages the predictability of the incentive structure that is so central to the United States’ innovation landscape.
“This is why 18 amici, in seven separate briefs, have urged the Supreme Court to grant certiorari and hear this case. The amici recognize the “physical realm” test’s potential to gut patent protection in some of the highest-growth sectors of our economy….
“Continued chaos about the patent-eligibility of non-physical technological advancements imposes devastating costs on innovators and industry. Review and intervention by the Supreme Court would bring much-needed clarity and stability to this vital question of law affecting digital innovations at the heart of our modern economy.”
In the meantime, the coming weekshould provide an indication of whether or not Congress will get to the matter first.
Steve Brachmann is a freelance journalist located in Buffalo, New York. He has worked professionally as a freelancer for more than a decade. He writes about technology and innovation. His work has been published by The Buffalo News, The Hamburg Sun, USAToday.com, Chron.com, Motley Fool and OpenLettersMonthly.com. Steve also provides website copy and documents for various business clients and is available for research projects and freelance work.
Tags:CAFC, Capitol Hill, Congress, Federal Circuit, innovation, intellectual property, InvestPic LLC, McRo v. Bandai Namco Games America, patent, patent eligibility, patent eligible, Patent Reform, Patent Trial and Appeal Board, PTAB, SAP America v. InvestPic, SCOTUS, US Supreme Court
Posted In:Capitol Hill, Courts, Federal Circuit, Government, Inventors Information, IP News, IPWatchdog Articles, Litigation, Patents, Technology & Innovation, US Supreme Court, USPTO
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