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Let’s hope Koh makes a quick decision and doesn’t drag this out and provide Apple with more delays!
I’ve read all the docs from Apple & VPLM and believe Hudnell’s filings were very well written with over 40 citings to relevant previous precedent. Apple filings sounded like a toddler throwing a temper tantrum with limited cases cited as precedent for their position.
Time will tell...Good luck to all.
I know right DB...weird how it’s been relatively quiet since the Sanctions win in Sept then...bam...2 weeks before the potential last stop for the Bigs in their continuing delay tactics & shit slinging in the N CA courts, the BS claims find the light of day again. Odd how these patterns keep repeating.
Hope you’re right Stef. IMO we’re long over due for a climb to establish a higher base to launch from in November.
The past is the past...It sure would be nice if she ruled against Apple again in 2 weeks.
Agreed. “Jinx” only works on Friday the 13th and if you’re superstitious! And I’m not talking about the Stevie Wonder kind of very superstitious!
This is about what the law says and can be proven not the whim of a judge. Keep in mind, the first hurdle for Koh is to first legally determine the claims in the 606 patent (case at issue in Waco) are substantially similar to the claims in the previous 815 patent that was dismissed in N CA. Remember, Apple et al isn’t claiming in their lawsuit against VPLM that the didn’t infringe on the patents...they are only seeking a only Declaration that the claims in the 2 patents are similar to clear the way so they can attempt to prevail by the “first to file rule.” In my opinion Apple has a pretty high bar to clear here which will be legally difficult.
While I’m no lawyer, this move by the Bigs appears to be a desperate attempt to either deceive the courts or delay the cases in Waco. Time is running out on them to finally face to VPLM music. 2 more weeks until the hearing...then a Koh ruling.
Nice observation!
Here’s the 1st amendment complaint from Twitter. The complaints from all other plaintiffs are similar. This is the complaint VPLM filed the motion to dismiss & hearing scheduled for 11/5. Enjoy!
https://drive.google.com/file/d/1pwX4OApIetiqPFYaUp_R4ytWpF1uN2N8/view?usp=drivesdk
I haven’t seen the original request from Apple. I’ll see if I can find it.
Sorry...dyslexic. It’s post 96377
Yes. See my post 93677
Yes. APPL is trying another ridiculous Hail Mary with their attempt. They know VPLM is first to file in Waco on the 606 patents, which were never subject of any prior lawsuits in N CA.
Already looked into this...it’s nothing but a bunch of administrative stuff.
Just curious, what your time frame is since a “long way” can be interpreted in different ways by many of us. Can you elaborate on what you mean by “long way off”? Do you feel that’s a week, a few weeks, or years?
Setting unrealistic expectations invariably leads to receiving disappointing returns.
Not just thoughts...actual accounting practice for stock. Duh!
One other thought...VPLM has requested cancellation of the shares when they get them back so they can’t just turn around and “use them” for the fight or in Europe without doing another offering to raise capital. Just because shares are “authorized” doesn’t mean they can be “issued” without a proper offering & accounting.
VPLM could use the shares to help fight in Europe but who cares. This should have minimal impact on PPS if sold at the market price. Typical raising funds using debt is done at the highest price possible not the lowest!
Even if Kip/Kwan got the shares, why would it be in their best interest to “dump” them at low prices knowing the upside potential of upcoming decisions? Make zero logical sense.
If I recall correctly, this whole issue on the securities fraud was uncovered by an independent auditor after the purchase of Digifonica closed as VPLM was engaged in the process to become a fully reporting company. This is what triggered the request to freeze the shares in question, no? It doesn’t matter that shares were actually issued if it was done fraudulently through a colluding investment firm.
Honestly, at this point, I could care less which way it goes...just make it go!
I feel if the court awards the shares to Kipping/Kwan there’s virtually zero negative effect from here on the VPLM PPS because these shares are already accounted for in the outstanding share total and the dilution is “baked into” current share price.
If the court rules for VPLM and the shares come out of the outstanding share count, that should equate to an increase in PPS of roughly 6-8% if my math is correct. Either way the ruling goes, it’s a win for VPLM to get this behind them.
The only negative I see is if the court punts again and keeps both parties in limbo. No company would make any kind of serious offer to buy VPLM if OS share count is in question.
This is my opinion and looking forward to getting this issue finally resolved real soon.
The
The new N. CA cases are nothing more than further delay tactics & games by Apple. The proverbial sling a ton of poop at the wall to see if they can get any to stick.
Hopefully all these delays will be gone soon.
Show us the filings. Where’s a link to them?
Fair enough. I believe the only controversy left in the years long VPLM-Kipping/Kwan saga is the final disposition of the shares...either Kipping et al gets them or VPLM gets them.
For clarity, when any company issues or sells stock, the “record” truly never “leaves” the company per se as you’re only getting a reported “ownership” share in the company. The company treasury and transfer agent must keep records of the stock transactions/shares for financial reporting.
The issue here is who legally has an “ownership” right to the shares in question. If it is determined the initial transfer of shares was fraudulent, then VPLM would have the right to cancel & remove (think “return” here) the shares from the outstanding share count. If it’s determined that Kip/Kwan legally obtained & own the shares, then the TA should be ordered by the court to remove the freeze and allow them to be traded as the legal owners see fit.
Either way, hopefully this mess gets resolved shortly.
Also, the LinkedIN profile is STILL active but shows Kipping as the CEO...so that says a lot about who might have access to change/update it.
Irrelevant. What does a LinkedIn profile have to do with a stock price?
So then what contract was in breach if no shares in exchange for funding was involved?
Nice pivot...can you answer the question:
Why didn’t the jury award the shares to the “winning” side (ie Kip & TK)?
BS - Kipping et al were awarded a MONETARY JUDGEMENT however the shares were not AWARDED to neither Kipping nor Locksmith by the jury. THE FINANCIAL AWARD IS NOT IN DISPUTE AFTER THE JUDGE ORDERED THE BOD TO PAY KIPPING BACK.
It’s the shares that are still being sued over. WHY DIDN’T THE JURY AWARD NOT ONE OF THE MILLIONS UPON MILLIONS OF SHARES KIP et al CLAIM TO OWN RIGHTFULLY IF THEY WON THE CASE AGAINST VPLM?
WASN’T DETERMINING THE RIGHTFUL OWNER OF THE SHARES IN QUESTION THE CENTRAL POINT OF THE CASE?
If it went down how you claim it did, why wasn’t Kipping et al given the shares back?
Something didn’t add up with all the suspicious stock transfers to offshore accounts and the jury didn’t fall for the Kipping story.
Nice volume indeed DB. Hopefully those big block sales just flushed out more weak holders. Nice to see the 980K buy at a higher point today!
I feel people believing the exuberant claims haven’t done their own due diligence and are looking for the high quick “hit”.
Anybody who understands patent plays/litigation knows this is a mega-marathon and not the 50 meter sprint...especially when racing against the global corps with virtually endless resources throwing up high hurdles around every checkpoint. Just like running a marathon, energy levels will peak and crater but, if you’re conditioned properly, your energy will recover to a level sufficient to sustain you for the long haul ahead. Expecting to run a marathon at a sprint pace is not only foolish but sets up up for huge disappointment in the end.
Epic fail! Ignoring the part of the question that disproves the original premise doesn’t make the answers correct!
None of those companies started out as OTC penny stocks. All but 1 are currently trading on NASDAQ and the other is on AMEX!
Nice try!
Not excited...just stating fact.
Oh, it went from we will get the shares back because it’s the law to if it don’t go well we’ll appeal? Just can’t make this up.
Which is it? Who cares if they appeal, they’ll lose that too.
Really? Many? Name just 1 biotech company that went from OTC penny land to $ 50+ per share WITHOUT being acquired by OR merged with another company.
Seems to remember the shares were originally claimed to be in exchange for a private party loan of only $ 360K. Kipping was awarded that plus interest so the original investment was returned plus interest & penalty. How is that equal to $ 1.75 million?
Salty is right!
If the stock was issued legally, why didn’t the court grant possession of the 95 million shares to Kipping et al in addition to a financial award?
Not to mention DB, there’s this thing in our courts called “double jeopardy”...and Alex Tribec isn’t the host!
If Kipping et al failed on appeal, they can’t just re-sue on the same issue with the same facts. Looking forward to this being done next week.
Wow. Wonder if this has any board rooms in Silicon Valley talking about their future prospects in the VPLM cases.
To be clear, all replies I’ve received are about the PAST case. I’m referring to the CURRENT case.
Just so we are on the same page, are you saying that on 10/13 in Nevada District Court case A-20-807745-C that VPLM will lose their motion to dismiss and this will go to trial AGAIN?