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Tell the market maker that owns you that he should stop paying you. You haven’t accomplished anything being his little “wife”
I don't process? LOL What I definitely DO NOT DO is want to "ATTACH anyone", whether or not they agree with me.
"SHAREHOLDERS HAVE A RIGHT TO DAMAGES SOUGHT."?????? So, if VPLM seeks $100B, we just get them? What? If you meant shareholders have a right TO KNOW damages sought, YOU ARE WRONG, 100%. I think my Series 7 score was 91% or 92%...YOU ARE WRONG. "Materiality" refers to company operations and such, NOT WHAT SOME "INVESTOR THINKS SHE NEEDS TO KNOW" to make an investment decision. SAWEE!
VPLM caved to amzn, ONE OF THE LARGEST COMPANIES IN THE WORLD, because VPLM agreed to an NDA?????? REALLY? EMIL/VPLM ATTORNEYS GOT A SETTLEMENT. We do have a great group of ATTORNEYS working on our behalf! NDAS ARE USED ALL OVER THE BUSINESS WORLD!!! Again, we have attorneys on this!!!
So, it was ok FOR YOU, a few years back, to "YELL" @ Emil to sell @ $.20, but my $.20/$.30 estimate was a problem?????? My target is now $.60; you forgot to mention that. I'm hoping for much more.
The run to $.45 had NOTHING to do with "BLASTED" damage estimates, IT HAD TO DO WITH WINNING IPRs....HELLLLOOOOO. Putting 2 and 2 together, if the damage estimates were 10s of $BILLIONS back a few years, one could surmise THEY'VE GONE UP and really, with needed precision, THE ESTIMATES ARE KNOWN!!!
The stock market is a mechanism which functions on imperfect information...VPLM, due its nature, takes this imperfect information factor to another level. OUR PROCESS TAKES PLACE BETWEEN ATTORNEYS. I know and accept what I DON'T KNOW. THE INFORMATION EMIL/RICH/OUR ATTORNEYS POSSESS IS MANY ORDERS OF MAGNITUDE MORE THAN US SHAREHOLDERS... A big difference between you and me is I accept this and I DO NOT TRY TO ADVISE EMIL AND TEAM!
As to the insider selling that so many want to go on about, it doesn't bother me in the least....DO REMEMBER, EMIL TURNED DOWN Gil Amelio TO THE TUNE OF ABOUT $.18/SHARE, JUST FOR EMIL'S HOLDINGS.... Glad he did!
Last thing, to those not happy with VPLM, there is a simple, simple solution. Oh, "surprises"? Was the amzn deal a surprise? Was to me. Ray Leon and the new, SIGNED ON, advisors a surprise? Was to me....
Ok, one more "last thing"....YOU CHANGED THE TERMS,,,YOU SAID THE PRICE WOULD CONTINUE TO DROP WITHOUT DAMAGE ESTIMATES...I opposed this @ $.0126. There was nothing said about a price rise qualifier due to us getting closer to trials. Sure, just change your words as we go. STILL THINK EMIL SHOULD SELL @ $.20?
BY FAR AND AWAY, I AM MORE EXCITED THAN EVER WITH OUR PROSPECTS AND IN THE VERY NEAR TERM...NO ONE ELSE HAS TO BE, BUT I KNOW SOME WHO ARE, ONE WITH OVER 200mm SHARES....
Agree on trial as this appears the only way we hear what the damages they’re seeking.
If not, shareholders may just get shunned again as they did with the Amazon case.
When someone is unhappy with themselves they have to project anger upon others. It comes from a poor self image. A cantankerous attitude is a sign of trying to prove his worth, when in fact he doesn’t feel he has any, Sad.
IMHO
Talk about not being about to process things.
You have no idea what you’re talking about. You’ve never offered any substance with any of your posts. ZERO. All you want to do is attach anyone that doesn’t agree with you.
First of all, SHAREHOLDERS HAVE A RIGHT TO DAMAGES SOUGHT. DAMAGES ARE MATERIAL INFORMATION ESPECIALLY WHEN A COMPANY BASES ITS SOLE VALUE ON ENFORCEMENT. SHAREHOLDERS AND POTENTIAL SHAREHOLDERS NEED TO KNOW WHAT DAMAGES ARE BEING SOUGHT IN LITIGATION TO MAKE INVESTMENT DECISIONS.
Why in the world would VPLM agree to sign a NDA, to not disclose to the public the damages? Talk about caving. How about caving to Amazon in the first MG, case. BTW, regarding caving. I first was referring to your inept evaluation of VPLM’s patents, when you felt a measly $.20-.30 is an acceptable amount on a buyout. If one would process that, it would equate to an amount with just one case.
To accept a measly $.30 or even $.50 IMHO would be caving. Remember Emil has a few billion shares, how in the world is he going to sell all those shares? We’d all love a buyout with a reasonable fair PPS. Not so you with all your restricted shares, can liquidate as well.
As for when VPLM ran to $.30, $.40, “no damages estimated then”. REALLY, VPLM BLASTED A NUMBER OF TIMES TENS OF BILLIONS OF DOLLARS IN DAMAGES. I believe I even remember $102 billion total, if iI’m not mistaken. So, I call BULLSHIT on this.
Additionally, I’ve never mentioned anything regarding 10%.
Again, the PPS is falling and will keep falling IMHO. Eventually the PPS will rise as we get closer to trial before damages are announced. Gee, you’re really going out on a limb. Huh. Thus, far it’s falling and I anticipate it will continue . FACT.
IMHO
I just want a freakin judge/jury decision. Either make money or a tax write off. Sooner the better. Personally, I think its worth the risk.
If I'm Barbara, I'd sell and get my money before a verdict, unfortunately not a position to obtain .005 cents a share.
That’s Gomer Pyle, Chick Hicks picked up in his car, saying “ SURPRISE SURPRISE”!!!!
GREAT POST!
LMAO
Of course our team knows what they are doing.
They are stretching this out as far as possible. Allowing insiders to sell as many shares as they can. Let Barbara/Emil, Chang, Williams and based on the filing possibly Clifton to sell shares. Clifton to be fare has not sold any significant shares thus far. He filed to sell 15 million shares on 2/20 and has only one form 4 selling 3,000 shares. I have no clue what that was about unless he thought they would settle with someone and wanted to sell after the settlement assuming the share price would spike.
Deerballs you can keep saying all the crap you do on this board and I hope at some point you are accurate. But since I have arrived I have seen your posts stating the a surprise is coming and it never comes. Either someone is feeding you a load of crap or you are just making up the stuff you post.
Either way I am hoping the insider sales truly do stop and as the trials grow close the share price rebounds. I wish I could be a believer but with Barbara/Emil selling 71M shares since 1/1/23 for a total proceeds of $2.3 million dollars it is very difficult to believe good things are coming. Barbara has been forced to forfeit and sold 72.5% of all the shares she bought or received for free for proceeds of $4.1M. The odds of Emil and Barbara selling 72% or 233.9M shares of their personal holding for $4M when it would be worth $46M if they could sell at $.20 on a settlement are nearly 0. Would you just waste $40 million for no reason. I wouldn't. I suspect that things will not go as planned.
But I am hoping for the run I expected going into the trial. I still think it could happen provided they stop selling their shares.
Just an FYI, that 7/15 Pretrial date was from a 04/5 court entry .
JFYI
$.0126.."You hea(r)d"??? Not from "anyone in the know". The settlement is under AN NDA...NOBODY OF SUBSTANCE IS GOING TO SAY ANYTHING!
"...hope VPLM doesn't cave AGAIN"????? WE HAVE GREAT ATTORNEYS WORKING ON OUR BEHALF!!! There has been no "caving"!
Additionly, there is no 10% threshold for public companies to report settlements/damages...reporting requirements are whether or not the agreement is "material".
NDAs DO APPLY TO AND ARE USED BY PUBLIC COMPANIES ALL THE TIME
Lastly, you have suggested the pps will keep falling until our damage estimates are public....REALLY? How did we ever have separate runs to $.30/$.35/$.45 and just last year to $.11? No damage estimates then... I'LL TAKE THE OTHER SIDE OF YOUR CALL. The pps will rise before damage estimates are released! Mark it: $.0126..
Folks, hang in there, there a ton going on behind the scenes; A TON! I do not want this to go to trial, I WANT IT DONE BEFORE! We go to trial and without some agreement, we are years out!
Don't believe we "are entitled" to info just because someone claims it to be "material"!
We have great attorneys, a strong willed Emil working on shareholder value... A TON HAPPENING NOW and all the questioning regarding strategy helps NO ONE, nor is it constructive; OUR TEAM KNOWS WHAT THEY ARE DOING!
The defendant has a lot of motivation to settle before trial. If they go to trial, a jury will award the plaintiff a huge amount of money and then the judge will multiply that by 3. $.50 to a dollar a share is going to be much cheaper than three dollars a share or more. Especially in judge Albright court. If they settle, it’ll be only for this patent , unless of course they buy us out.
If the market and shareholders don’t know the value of these patents, expect it to continue!
I’m probably loading more at $.01
I’m so glad VPLM doesn’t want to litigate in public! Whatever that means! LMAO
I believe once we’re past pretrial, they’ll litigate in public! lol
IMHO
How about after pretrial would that be litigating in public lol
This explains everything!
I heard the defendants will use the current PPS in their negotiations. Example : “Your PPS is $.015 why would we give you $.50?” Which make no sense. This is what I was told.
The value of the patents determines the value of the company. Not the current PPS determines the value of the company.
Therefore, why in the world wouldn’t VPLM care about the PPS?
Good Lord
I think it was either $40K or $185K. One INSULT outdoing the other
What they are concerned with.....
Is that it goes on and on and on and on.....
So they can keep banking and banking and banking and banking...
Very doubtful that any any of the never ending army of
I know it looks that way but as I've been saying for yrs, well, I predicted 10 more yrs of this crap, 5 yrs ago so I think at least another 5 or more.....because never forget that the BIG, MEAN GREEN, FIAT SHARE PRINTING & SELLING MACHINE HAS BEEN WELL MAINTAINED AND IS STILL I PERFECT WORKING ORDER, SO IT'S PROBABLY NEVER ENOUGH FOR THE BENEFICIARIES, LORD EMU OF eGIPPED & QUEEN SELLSALOT, ETC, SO ROUND AND ROUND IT GOES. WHERE IT STOPS NOBODY KNOWS. IT WON'T BE SETTLEMENTS OR TRIALS.
WHERE ARE THOSE DANG GLOBAL NODAL TEST RESULTS DAMMIT?
WooHOOOOOOOO! A new 52 week low!! This TURD is history!
You know, as well as I do that marketmakers indeed do hire bashers in order to bring the stock down. Because if they short it, they make a huge amount of profit. Also, no normal investor comments as frequently as NYT does. I’ve sold out of stocks that didn’t work out because they were garbage but you don’t see me bashing them. He also dodges all of my questions about him being a paid basher coincidence? I think not!
No Way... I can't stress this enough... No way someone would pay for that nonsense...
If she were paid, I would demand my money back...
Oops.... Now boarding....i mean touching the .011's. Suboenny appears to be on the horizon once again so they can buy more more more. Can you say ... ..............M-A-N-I-P-U-L-A-T-I-O-N ?
How much has your market maker paid you to bash the stock in order to drive the price into the ground? You’ve been somebody’s “ wife” for about 12 years now. So I’m assuming he has spent about half a mil on you? I know it’s a very tiny price to pay when he has hundreds of millions of dollars on the line we’re gonna make sure your little marketmaker husband Loses money This time around.
" why “VPLM attorneys of course “? "
Simply because VPLM attorneys tell VPLM board what not to do, not someone else's attorneys. Why they instruct the board so is another question, something I don't know. Perhaps part of their tactic / strategy "not to litigate in public". VPLM lawyers most likely are not concerned with where PPS is at any given time until the end of the trial / settlement / buyout.
Just wait until July.. hoping that we go to trial!
It's "golden" because it's been pissed on...
And after all the good dot connecting info that's been disseminated over the years, I'm all for those that read, to buy, buy, buy because it's fun to see them lose their shirts due to being so myopic. They should sell the farm to buy!
Honestly, all of us are only speculating. Even insiders don't know anything for certain, except for the amount the received from Amazon already.
And that’s why you’re a paid basher. What do these marketmakers do? they will hire somebody to constantly bash the stock so that they can short it. And why? so they can make money from the share price decreasing and continuing to decrease until they run the company into the ground. And it’s all because this stock has so much potential. Look at the 36/36 IPRs we’ve won!
Unfortunately the past is in the past …. With the current dilution there will not be a run like we saw a few years ago, unless major announcements are made 🤷🏻♂️
AMENED SCHEDULING ORDER, six days lol
Correct. It continues to amaze me how many gullible people continue to fall for this.
We've heard this same kind of garbage for years. Like with all of the other court dates no financial judgements will com from it.
Yeah a golden turd!!Anyone that buys this stock now is desperate or just stupid. Seriously you'd have better chance of winning the lottery so buy one of these instead.
What's your point? He's calling it a turd. It is a turd!! The company has received not one financial judgement of any significance for the so-called "valuable" patents worth claimed "billions and billions" ongoing. The share price is below .02 That tells you all that you need to know. Wake up dude!! Sometimes things are so obvious that people can't see them even though they are right in front of their eyes.
T-Mobile Pretrial is set for 7/15/2024
AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 7/9/2024 02:00 PM (For motions filed in Verizon case), before Judge Alan D Albright. Jury Selection set for 8/19/2024 (Verizon Case)before Judge Derek T. Gilliland. Jury Trial set for 8/19/2024 (Verizon Case) before Judge Alan D Albright. Final Pretrial Conference set for 7/15/2024 02:00 PM (For motions filed only in T-Mobile case), before Judge Alan D Albright. Jury Selection set for 11/4/2024 (T-Mobile Case) before Judge Alan D Albright. Jury Trial set for 11/4/2024 (T-Mobile Case) before Judge Alan D Albright. Signed by Judge Alan D Albright. (cav) (Entered: 04/05/2024)
VPLM is golden! Bashers are trying to dissuade new buyers from coming in but do not let them!! This stock has a lot of potential and that CANNOT be denied! Look at how it’s moved in the past. GO VPLM!!
Understood! But, why “VPLM attorneys of course “? Why wouldn’t they not now do so when we’re closer to trial?
That’s the question. From what I’ve head, Amazon wouldn’t allow us to benefit from the so called settlement and not allow us to announce whatever it was!
Sure hope VPLM doesn’t cave again to this, going forward.
INHO
Yes, 2:00 pm with T-Mobile July 9th Final pretrial Conference
Also, Emil file his Initial statement of ownership with 787,916 shares. This is usually filed prelude to receiving options or buying stock! Hmmmm
IMHO
Are you sure that T-Mob is July 9th. I thought Verizon was set for July 9?
noted and noted and noted
Those where the Keven Malak days. New law firm now different reasonings.
People can go back years ago and look up those numbers, believe mentioned in a news release .
I agree the numbers now would likely blow us away.
PPS does not excite me right now either , but V you have been around as long as me and have seen the moves this this stock can make.
I am just watching as everyone for that news . Hang in there 14 years for me.
Toby.
T-Mobile finally on the docket for Final Pretrial conference July 9th 2:00.
Let’s just hope once pretrial is over, VPLM disclosures “material” information on the damages they’re seeking!
What do you mean by VPLM’s attorneys of course? Are you saying VPLM’s attorneys don’t want the market and shareholders to know the damages they’re seeking? Really? We have a right to know! Why the heck do you think the PPS is tanking?
You’re saying they have decided not to allow their shareholders and potential shareholders knowledge of the potential value of their patents and investment? This is material information!!!!!!
I call BULLSHIT on this!
Do you know any interested party is going to use the current PPS in their negotiations. This is why it’s extremely important the potential value of our investment is known.
Years ago, when they first filed these lawsuits on the ‘825/‘005 they blasted tens of billions of dollars in PR’s!!!!!
And the formula on outstanding then and now versus IPR wins and billions in damages earned, is freaking night and day!
Finally, how do you know they’re going to announce the settlement amount? What happens to the PPS if they pull the same disrespect they pulled on their shareholders last year and don’t announce anything? How’s the PPS going to respond then?
This is all the reason they need to get to at least the trial where they can’t hind the damages. Which IMHO is coming from the defendant.
VPLM attorneys of course.
I want to see amount of damages just like you and other shareholders but there is no requirement for them to release this info before trial. I suppose they may present a formula and let the jury decide. And for whatever reason they want to be cautious and not disclose it ahead of trial.
The $0.15-0.20 is base on about 5-5.5 billion shares fully diluted (based on currently issued 3.2 billion) and a settlement or judgement in the first case of $1 billion. I assume this as a minimum. And I never said that I like it or that it is all I expect.
When VPLM shares briefly traded at $0.42-0.45 PS the number of issued shares was much much less... I don't remember exactly but I think under 1 billon and there were hyped expectation that it is going to a dollar or higher. I am a bit more pessimistic this time but still hoping for ultimately over $0.5.
I feel it's worth repeating..... you've been saying the same nonsense for 12 years... saying this when the stock was at .008... Called it a SCAM at that time, yet didn't sell all out at .35... after it hit .35, just continued the daily whimpering.... 2 years later, didn't sell all out at .45.
honestly, what normal person does this... You could have been all out with 1000% to 3000% gains... instead just hung out and continued with the daily crying...
When called out on it, you must have felt embarrassed, b/c it just sounds so idiotic. You attempt to change history and say you weren't around during that time, yet I've posted proof that you were posting during that time...
Who's lying?
Not a basher though... I love that
Uh-oh.... I can see the .011's from my house!
Just sharing the truth!! It' a shame that some can't see the obvious.
WRONG!! VPLM IS JUST FINE!!
*VPLM* 🚀
Nah... The dynamics and underlying drives, impetus and results are totally different beteeen an ipr trial and an infringement trial. One has no bearing on the other. There will be no trial wins for Vplm imo
Generally, you don't keep good things secret. Bad things are always kept secret.
YOU DECIDE!
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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.
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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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