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Post from "Pat" over in the Yahoo message board.
Case 6:22-cv-00356-ADA Doc#43 issued 9/8/2022.
Judge Gilliland: "Having been referred this case for pretrial purposes, this Court hereby recuses himself from hearing this case under 28 U.S.C. § 455(b)."
Looks like Judge Albright has reasserted control.
Damn, this looks good to me too...but could it mean that JA is about to throw the case out again? I sure hope not!!!
I feel pretty good about the two future IP reviews at PTAB but as to Judge Albright I don't. Far too much pressure has been exerted on him by many eyes meaning I feel we might even win that but I doubt he will grant us to go directly to trial. I think he has no choice but to have all this start all over. Now that is not right but Judge Albright dismissed the original case. I think he can't back up with all the damn pressure on him which goes far beyond our case. Yes Intel should not be granted and I hope like hell Judge Albright does set a jury trial date in motion.
I think over the years anything we have ever touched or been involved in has gone wrong for us shareholders. Is it finally our turn for some great results or will this indeed be the SOS as always?
I do too believe that with a few more positive measures in this month that yes money will be provided by someone or some entity so the SEC filings can be completed. Maybe that is transpiring now but maybe not. With positive events short term coupled with updating SEC filings some trading fun is in store in a big way.
By way of Charles from the Yahoo message board.
HDC former board member, William (Bill) Quirk, sent the following letter to HDVY shareholders, which I am reposting verbatim here:
Dear HDC Shareholders,
HDC won a tremendous victory yesterday. It is not yet fully understood or appreciated. Here’s why.
The PTAB (Patent Trial and Appeals Board) ruled in favor of HDC and denied Intel’s claim of “unpatentability” for HDC's “!88” patent.
There are two more patents Intel is challenging which PTAB which should decide on September 12 and 21. Intel’s arguments on these are pretty much the same so I expect PTAB to rule for HDC.
PTAB previously rejected Intel’s recent claim on HDC’s ”685” patent.
Keep in mind that this is the second time Intel has appealed to the PTAB. The first time, a few years ago, they lost big time but were permitted to return for another bite of the apple last year.
I understand that Intel is legally prohibited from raising any “unpatentability” claims in a jury trial after final PTAB decision .
Intel has effectively acknowledged that it used HDC’s patents without authorization so they can’t claim that they didn’t infringe in a jury trial..
Judge Albright will soon rule on another Intel appeal to start HDC's lawsuit process all over again. I expect he will rule for HDC and schedule a jury trial soon.
HDC stock cannot be traded by the general public because management has not filed required SEC financial statements. If it had filed, many believe the stock would be far higher now.
… and much, much higher as and when these other events noted above materialize.
Intel’s strategy from the start has been to starve HDC into bankruptcy with a plethora of delaying tactics. Similar to roadside bombs, all Intel needed was one success; thus far in 10 years they have none.
CEO McGovern has caused the Company to “go dark”, i.e. virtually zero financial (or other) info to shareholders, likely because of little money to pay accountants. With favorable PTAB and Albright rulings, my expectation is that McGovern will be able to attract private investors at a price substantially higher than the current 2/10 of a penny.
The wild card in all of this is what, if anything, may ever happen with Vennwest’s federal lawsuit against the Board. This should become much more prominent in the months ahead.
Bottom line? It may actually be providential that shareholders can’t sell now at this next-to-zero price because if things materialize as I hope, the stock should rise significantly with anticipated developments.
Bill Quirk
OK, if you go here you will see why Marty was upset with George referencing Vennwest...and of course many of us hit the roof at that time but what the heck could we do.
https://www.docketbird.com/court-documents/Vennwest-Global-Technologies-Inc-v-McGovern-et-al/DOCUMENT-FILED-IN-ERRORRESPONSE-in-Opposition-re-13-MOTION-to-Dismiss-Motion-for-More-Definite-Statement-or-in-the-alternative-Motion-to-StayMOTION-for-More-Definite-Statement-MOTION-to-Stay-filed-by-Vennwest-Global-Technologies-Inc-Modified-12-1-20-/gand-1:2020-cv-03386-00019
We also have this to deal with...........
Vennwest Global v. Health Discovery Corp.
Case 1:20-cv-3386-VMC
Northern District Georgia Atlanta Division.
Motion is GRANTED. The parties shall have through and including September 19, 2022, to complete all discovery matters.
IT IS SO ORDERED, this 21 day of June, 2022
56
Filed & Entered: 06/21/2022
Order on Motion for Extension of Time to Complete Discovery
Docket Text: ORDER Granting [55] Consent Motion for Extension of Time to Complete Discovery. Discovery ends on 9/19/2022. Signed by Judge Victoria M. Calvert on June 21, 2022. (lwb)
PTAB has already denied hearing Intel in the requested IP reviews. Do note that Judge Baer was also the dissenting Judge in all FOUR.
IPR2021-00549
IPR2021-00551
IPR2021-00553
IPR2021-00555
So far we have knocked to ball out of the stadium. Sure we can break a leg but so far I feel pretty good so lets try to enjoy this and hope the cards are now stack in our deck.
I spoke too soon, answer is NO!
I am curious and it doesn't really matter at this point but what happens to this WO patent that Intel filed. Will Intel be forced to cough up money for worldwide usage.
Remember that Intel patent filed with the USPTO which is ours. I'm just stating Intel got a worldwide WO filed on our patent too?
Zenos Arrow...I only worry about the "Barnhill Schuffle" impacting the next PTAB decision in a negative way....."PR2021-00552" (Patent 7,542,959 B2)
>IPR2021-00552 Institution Decision: Grant on 09/14/2021 so we will hear this decision around 9/14/22
and the last one......IPR2021-00554 Institution Decision: Grant on 09202021 We will or should hear that decision on 9/20/22
* Note to the readers..the above pertains to the USPTO - PTAB and not the Texas Court.
OK, for sure referencing IPR2021-00550 PAT 7,117,188 B2 We won 100% Intel can kiss that one good bye!
Just in I believe we did fair involving the USPTO and those 3 Judges. I haven't read the latest but you can go here and see for yourself...I must start my grill out on my deck so I can't post anymore right now.
https://developer.uspto.gov/ptab-web/#/search/documents?proceedingNumber=IPR2021-00550
I wonder what "Rudolf Ladyzhenskii" is into these days talk about some memories.
Roger May's hands are tied and his gold spoon mouth finally silenced but sincerely hated to see him die. He had hurt many and myself let him clip me twice 1st time $140k and even went back for seconds and thirds so maybe around $200k total. He had a gold tongue that would not be silenced until now. What was sad to see since 1999 no company under his direction ever was successful for retail shareholders. Anyone here thinking about Jason May stepping up to the plate I doubt that but if he does I will be watching and waiting.
Document 42 and 6 Exhibits, which were filed by HDC on 9/1/22 with the Texas court system, are accessible through PACER. I downloaded the document plus just Exhibit (A).
I sincerely believe we finally have enough evidence or true proof that HDC presented to win over the court but of course, we must see what Intel presents today. From what we have seen through the USPTO and the Texas Court understanding the complexities of our technology and it‘s mixes is far beyond typical patents period. It would seem that Barnhill had the perfect mousetrap for many of us investors however; we finally see the end coming after all these years. Yes, I see that our website is down perhaps as what Marty said within his resignation email that George is not paying bills but can you really blame him for not doing so? ………………
I am not a great lover of this company but let me ask you do you recall that most of the BOD including BQ did not want to pursue NeoGenomics and heaven knows to even think about going after Intel. Well George H. McGovern lll has done everything possible to keep us alive. Yes, we are barely breathing but still alive.
It is a fact he has done more than any other CEO, and under the conditions where everything has been against him. His BOD was cheap money so that kept us alive a bit longer too. What would you have done in order to keep us alive as George has? We should have bit the dust long ago and doubt that that cannot be questioned.
The news about Roger was filed yesterday, I gather some are not aware of SEC filings? https://www.sec.gov/ix?doc=/Archives/edgar/data/1497649/000157570522000637/gstx_8k.htm
Anyone that would promote a stock and get compensated (in any way) had better attach a disclosure. Now! I ask you do you see any disclosure on any of my posts?
I wonder? ........ Interesting?
This is where I believe we are going.........
Functional Medicine Benefits
Although many assume so, functional medicine is not witchcraft, nor is it some kind of miracle. Instead, it’s a proactive approach to health that addresses the underlying causes of disease – rather than just treating symptoms.
Functional medicine gets at the root cause. Doctors don’t just prescribe any ol’ medication with a range of side effects to fix one issue. Functional medicine can address chronic diseases in ways other medical practices may not be able to do on their own. Doctors look for long-term solutions to your health concerns – not just a quick fix.
All in all, the benefits are vast. But for now, let’s take a look at just a few of them:
Functional medicine treats the whole body, not just one part.
Functional medicine doctors establish a personal relationship with you, and will work with you to create personalized treatment plans. To them, you’re not just another patient.
Functional medicine practices utilize cutting-edge technology like diagnostics lab testing so that they can detect problems early on – before symptoms appear. This means that functional practitioners can treat conditions long before they become chronic.
Functional medicine is a proactive approach to health that helps you develop the tools you need for long-term wellness – making it easier than ever to manage your weight, energy levels, and everything that you need to live your best life!
How Does Functional Medicine Work?
If this sounds like something you’re considering, don’t worry! It isn’t as complicated as many have made it seem. To put your mind at ease, we’re going to walk you through the entire process:
First, your functional medicine practitioner will perform a thorough analysis of your medical history and current lifestyle to find the source of any health problems or chronic disease you might have. Functional practitioners use state-of-the-art diagnostics tests and lab work to get a complete picture of your current health. These doctors want to understand how the body functions as a whole – so they use these tests and measurements to identify any imbalances in crucial areas.
Once a practitioner has pinpointed the source of your symptoms, they will develop some personalized treatment plans that help you improve the function of your body’s most essential systems. Functional medicine practitioners can use one or many different methods to address these imbalances – including nutrition, exercise, and supplements like vitamins and minerals.
https://www.healthworkscollective.com/what-distinguishes-functional-medicine-from-holistic-medicine/
Grab your socks again looks like crap may hit the wall again? https://www.sec.gov/ix?doc=/Archives/edgar/data/1698530/000169853022000064/xcur-20220822.htm
Jason Weston patents & his co-authors https://patents.justia.com/inventor/jason-weston
Ou71764.... you would think so but to wait for news to file would be dangerous. HDC Directors and certain people have too much personal money in this so I see no choice but to get these filings done before the SEPTEMBER REBUTTALS.
BTW..I feel Citatel left Dodge City on 12/28/21
....what in the world is happening between our Attorney's and George?
The business model was to develop Biomarkers which turned out to be a joke as scene. The other part that seems strange as we had early SVM patents and basically gave that to the company prior Vermillion "I think?" Yes this all sucks but with positive news from the court (which I doubt" and George filing the stock will still rise as you too can see some of the takers on many of these trading board. Some have no clue what a sec filing is.
.... so looking back at our patent inventors one must wonder what has or hasn't been said between them and HDC.... JUST UNREAL
I still believe George must somehow get these filings completed to move oh stock price. It must take place prior to Judge Albright's decision in late September.
HDC has Preferred Series "D" shares they could wheel and deal with?
Now what would also help is a positive announcement from the USTPO.
Sorry, I just won't throw in the towel when so much is on the line and doubt George will either. He's going to file as soon as he deals out the deck of "D" series cards. We haven't much of anything else, do we?
I looked at Marty's resignation email again and no doubt he won't be back. I also went to Georgia Incorporation and looked at recent activity and on the same day Marty resigned George became the new CFO according to 6/15/22 record.
You have a better grasp on business and issues involving these players but I still believe it is about money that Marty got screwed out of and things said to him when the latest promissory note on March 24th. Marty did not contribute to George's game plan involving that nor half pay and promises. It was all about money at that time and remember Marty and George have worked together for over 10 years. I Still believe there is a slight chance, we will see. The chances of positive news from Judge Albright is probably slim to none but you must agree....who in hell ever thought this company would almost out live their patents yet hardly exist for all these years.
This is referencing Functional Medicine websites - Dr Eduardo Maristany. We can see another area that Dr. Dent is interested in.
https://naplescfm.com/eduardo-maristany-md/
https://eduardomaristanymd.com/
Actually, I don't think anyone gives a crap anymore aside from having something filed so the stock can move one way or the other and give investors and traders something to throw darts at but as it stands it seems HDC is causing even more grief no matter what they try to do.
Below is section Item 8 involving SEC filing. Also to your direct comment I believe Marty would normally gather all the financial and other needed information for HDC and the Independent Public Accounting Firm that would check over the entire year of records and give their opinion. So an audit probably not but what Marty or George submits to our Accounting firm must have their signature, CEO and CFO signatures and there is a legal stipulation to those signatures. This is why I had thought Marty would come back and try to straighten out the yearly books. It would be so much easier and cost less for Marty to come back and finish the book work so the IPAF can review and sign off on whatever Marty submits.
_____________________________________
Item 8 “Financial Statements and Supplementary Data” requires the company’s audited financial statements. This includes the company’s income statement (which is sometimes called the statement of earnings or the statement of operations), balance sheets, statement of cash flows and statement of stockholders’ equity. The financial statements are accompanied by notes that explain the information presented in the financial statements.
U.S. companies are required to present their financial statements according to a set of accounting standards, conventions and rules known as Generally Accepted Accounting Principles, or GAAP. An independent accountant audits the company’s financial statements. For large companies, the independent accountant also reports on a company’s internal controls over financial reporting.
The auditor’s report is a key part of the 10-K. Most audit reports express an “unqualified opinion” that the financial statements fairly present the company’s financial position in conformity with GAAP. If, however, an auditor expresses a “qualified opinion” or a “disclaimer of opinion,” investors should look carefully at what kept the auditor from expressing an unqualified opinion. Likewise, investors should carefully evaluate material weaknesses disclosed on internal controls over financial reporting.
In addition, a company’s CEO and CFO must certify that the 10-K is both accurate and complete. These are called Sections 302 and 906 certifications, and you can usually find them in Exhibits 31 and 32.
You may also find “non-GAAP financial measures” in the 10-K. That means that the numbers do NOT conform to GAAP. While companies are permitted to present non-GAAP measures, they must also show how they differ from the most comparable corresponding GAAP financial measure. As an investor, it is up to you to decide how much weight to give to non-GAAP measures.
I figure total Attorney, Audit and filing fees will be $32k - $42k
Let me run my mouth again...... It has been 2 months since the following USPTO hearing took place and my money still thinks that they will allow HDC as the patent holders period. They the Judges within basically stated 2 months before a decision so any time now the clock strikes 12 also worth noting it will be another 30-50 days before Judge Albright could possibly make any determination in his court referencing the briefings at hand so the USPTO will announce their determination prior Judge Albright.
At any rate here is the old USPTO weblink for those who might wish to revisit the hearing back around June 14th
https://livestream.com/accounts/28471692/events/10469477 it will take a few minutes before the live stream opens so be patient or move it ahead.
George we needs those "SEC filings"
I think (but what do I know?) anyways I think our problem with "Alice two step rule" was bad enough and now we have the attention by the Senators and Chief Justice Robert's. I think he has no choice but to throw the case out but this time with prejudice during the present briefings hearings, so we will never proceed with the stay order calendar dates. I don't see any other choice unless Skylab falls out of the sky again...is that possible in HDC?
Post by BroomStick1776......
"At Alice step one, the Court concluded that the claims were directed to abstract ideas: “the use of mathematical calculations and statistical modeling.” Id. at 1250. It refused to categorize the purported improvement —increased accuracy in haplotype prediction—as an improvement to a technological process."
Albright heavily relies on the Stanford II case described in the ruling. In that case, "increased accuracy and haplotype prediction" were not enough to satisfy Alice Step 2. He applies that to HDVY as well with SVM-RFE "accuracy" as not enough.
_____________________________
At any rate after the following we will see? ... Accordingly, it is ORDERED that, consistent with the schedule, all proceedings (except briefing on Intel’s Motion for Judgment on the Pleadings) in the above-captioned matter are STAYED pending resolution of Intel’s Motion for Judgment on the Pleadings. SIGNED this 15th day of August, 2022. Judge Albright.
Judge Albright signed a STAY today........ https://onedrive.live.com/?authkey=%21AHqb6S%5FMRHcGeIo&cid=658845AE0CC93963&id=658845AE0CC93963%2187771&parId=658845AE0CC93963%21178&o=OneUp
Accordingly, it is ORDERED that, consistent with the schedule above, all proceedings (except briefing on Intel’s Motion for Judgment on the Pleadings) in the above-captioned matter are STAYED pending resolution of Intel’s Motion for Judgment on the Pleadings. SIGNED this 15th day of August, 2022. Judge Albright.
_____________________________
Ou71764...I know our back is up against the wall and when you read Intel's case it looks like no chance in the world and probably not but...when you read Marty's resignation email that George provided as a legal SEC entry I don't see any room for George not filing the over due SEC filings regardless "if" any possible pending bankruptcy/Insolvency since Marty's resignation information is probably just the surface information that could come back to haunt George. I would not worry about George trying to dump his shares (even if he could) that too would provide a bad outcome. The probability may reside in how we come out of this with at least half a tee shirt on our back? I believe the CITADEL SECURITIES GROUP is long gone and left just before 12/31/21 just look at the trades back then! however, if not SEC filings shouldn't be a problem to file, correct? Now about Vennwest? I don't think there is anything left worth risking their money but I'm glad George (at least to date) hasn't bowed down to them and has kept BQ out of the company.
Let's see if George can pull 1 more Rabbit out of his hats.... imagine being 75-77 years old and the CEO of HDC and what your wife must be saying in any conversations if she is even talking to you?
Digdeeper17...I know you said the USPTO would normally defer to the Texas Court but the timing looks as if the USPTO will be ready to complete their tasks any day now. Is it more likely that the USPTO doesn't want to make any decision before Judge Albright meaning they will make sure either way that they (the USPTO) doesn't crack a word until Texas announces findings. On the human side of this Intel has whipped HDC silly for years and the USPTO has spent countless hours messing with HDC/iNTEL so my human side says (which is BS) that the USPTO just might want to stir the pot a bit (my wishful thinking and dream on) by finally telling Intel to go screw themselves and beat JA or perhaps help him in their own way. I'm sure the USPTO and Jude Albright won't allow the human factor but sure wish they would.
Hey what the hell all of us here have to have things our way even though this isn't "Burger king" which sucks too.
Shiloh12...it seems Jeffrey Cohen may have parted ways last month but in the meantime we can speculate the reasons? It doesn't mean it is a negative but it sure seems to lean that way. For many to truly understand Dr. Dent they will need to look deep in the SEC filings to see when he came into the picture, his control, his shares and of course share price back then. HLYK must get some type of unique twist that the medical world needs or we may just remain and mom and pop corporation.
I'm sure the 10-Q will be out Monday or Tuesday and show the numbers, don't expect it to be much better with revamping the website and whatever else they must spend money on. This is not an easy business period and is why Dr. Dent must find something very Unique in HealthLynked.
Ou71764...I found it this morning...look at the new share structuring....
https://content.edgar-online.com/ExternalLink/EDGAR/0000950123-10-004797.html?hash=ffa9a79079dffe46ffd03fd549b15abfe71dba25c09eada8dd9c0aeb2e395ae6&dest=F54711EXV3W1_HTM#F54711EXV3W1_HTM
BTW...I think at the time of discussions between Barnhill and that company it was just prior to bankruptcy or after (don't remember) but his (Barnhill) excuse was that he felt we would not get anything from them if we didn't agree due to the bankruptcy process. I believe I was pissed that (and again don't recall closely) that we gave them free run of our technology under the old or new name of that company.
The "Barnhill Shuffle" dance as I made known back then.
I believe Vermillion went bankrupt and when they came out of that the directors had most of the shares and I believe the OS was 4.5 million shares so it shot way on up there?
Yes we got screwed on that deal too but recall Dr. Barnhill felt that either the lawsuit would take too long or we needed the money badly and could not weather the storm but looking back I now feel Barnhill was looking out for himself and is why I dislike him and BQ, what is interesting is that George McGovern was involved with HDC in 2010 and Marty knew George during those days.
I still believe Marty and George will produce the SEC filings shortly.
Short Proactive video with Dr. Dent referencing the movie
https://investors.healthlynked.com/presstype/healthlynked-to-host-screening-of-forever-the-end-of-aging-documentary-featuring-its-technology/