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I'm not sure what was in that PR which would ....
.... help the share price any.
They said the same things several times in slightly different ways.
They have no idea how it will play out.
The share price indicates that the casual observer isn't betting on a positive outcome.
Alternating groups of bolded and un-bolded comments illustrating the repetitiveness of the PR. (Kind of like me ;) LOL)
- it will respond to the Office Action by vigorously defending
- will provide the USPTO with the necessary documentation to substantiate that validity
- will leverage the due process opportunity to respond
- defend the patent
- The re-examination procedure is a standard legal process
- this is not an "out of the ordinary" event
- It is not unusual
- is non-final and will be subject to a review process
- This is a standard patent process
- it believes valid
- NeoMedia believes the patent to be valid
- NeoMedia is optimistic
- NeoMedia has a strong and valuable patent portfolio
And of course the ever-present "the global leader in mobile barcode scanning".
I'm not complaining about the PR , I was glad they finally put one out and it was the best they could do. It's just not a PPS-driving sort of PR , there was no way it could be.
JMO
jonesie
Yorkville / Cornell Tracking Board #board-9964
"I can think of no more valuable commodity than information"
I hadn't thought of that!
'vested interest first chance to react'
jonesie
"other stockholders just sold you their shares"
As long as Yorkville is included in 'other stockholders'.
I suppose one could say when 'we' have bought shares from Yorkville on the open market 'we' have indirectly funded NeoMedia , since Yorkville has loaned them money.
But you were exactly right in your earlier post on the subject , 'we' bought on the open market from other shareholders , including buying from Yorkville, Tobin Smith, Chas, JJ, CJ, WF et al.
jonesie
Nope.
He might still have the ones he didn't convert/dump in January , or he may have finished converting/selling since that time , particularly in all the Russell volume and higher prices.
He doesn't have to file anything about it now as far as I know , and I don't think TIV has to mention it again in any of their filings.
JMO
jonesie
Yepper ... this was talked about ...
.... a while back here
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=26931456
and I think the thread probably actually started here on the N/I/R board.
jonesie
Thanks YJ , and NICE CALL BLEEDINGEDGE
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=28740427&txt2find=
"I have heard rumor of a new COO; a Dennis Priddy?"
Hopefully the mobile barcode advertising industry will see this as a good thing for NeoMedia and start doing some business with us.
Then perhaps one day we can migrate from being "a thought leader" to being a revenues leader!
GO NEOM!
jonesie
p.s. Is this PR showing up anywhere besides NEOM's website? I don't see it anywhere yet. C'mon Iain, give us a break.
If you do "web-based check-in" ....
.... you probably enter your mobile number during the process and they send the 2D code in a text message , thus no software required ... unlike the mobile check-in method.
jonesie
Yes , the 'fully diluted' count has been ....
.... "blown outta proportion".
It's been blown out of proportion to what is allowed by the current AS of 5B shares.
And that fact is primarily because each successive NEOM management regime has worked closely with or 'along side' Yorkville.
~24B is perfectly IN proportion , and it's based 100% on fact.
Here's another fact: Yorkville understands the ramifications of any discrepancy between Fully Diluted Shares and Authorized Shares , and past filings indicate they understand the need to have a remedy for such a discrepancy.
On 2/17/06 when NeoMedia sold Yorkville those "Twenty-Seven Million Dollars (US $27,000,000) of Series C Preferred Shares" , Yorkville understood that the Authorized Share limit has to , at some point , accommodate the Fully Diluted number.
That's why Yorkville had this put in the terms back in February 2006:
http://www.sec.gov/Archives/edgar/data/1022701/000114420406007024/certificate-designation.txt
"(c) The Company shall at all times reserve and keep available out of
its authorized Common Stock the full number of shares of Common Stock of the
Company issuable upon the conversion of all outstanding shares of Series C
Preferred Shares. In the event that the Company does not have a sufficient
number of shares of authorized and unissued Common Stock necessary to satisfy
the full conversion of the shares of Series C Preferred Shares, then the Company
shall call and hold a meeting of the shareholders within thirty (30) calendar
days of such occurrence for the sole purpose of increasing the number of
authorized shares of Common Stock. The Company's Board of Directors shall
recommend to shareholders a vote in favor of such proposal and shall vote all
shares held by them, in proxy or otherwise, in favor of such proposal. This
remedy is not intended to limit the remedies available to the holders of the
Series C Preferred Shares, but is intended to be in addition to any other
remedies, whether in contract, at law or in equity."
Now , today , per the Embedded Conversion Feature in just the Convertible Preferred Shares Yorkville owns , and at the current PPS , Yorkville's rights to shares far exceed the current Authorized Share count.
Yorkville obviously feels such a situation is important enough to have included a remedy for such a situation in the terms of their financings.
Yorkville doesn't think the Fully Diluted Shares are meaningless or bogus or 'outta proportion' shares ... they want them.
In a very few weeks we'll be able to see what NeoMedia says the outta proportion Fully Diluted share count was as of the end of June , as we'll see it in the 2Q08 10-Q.
jonesie
"IM is not based in Scotland"
The fact:
"(b) The Executive’s (Iain McCready's) principal place of employment shall be in Edinburgh, Scotland. The Executive acknowledges, however, that significant domestic and international travel may be required as part of his duties hereunder; and the Executive agrees to undertake such travel as may be reasonably required by the business of the Company from time to time."
http://www.sec.gov/Archives/edgar/data/1022701/000114420408035326/v117489_ex10-1.htm
"working along side of Paul Strzelecki and Brian Kinane"
Hmmm , I sure hope not , that's been the biggest problem for us common shareholders. each successive NEOM management 'team' for years now has been working as flun.. , er , I mean , along side Yorkville. That's worked out really well for us as we have a fully diluted share count of something around 25 BILLION SHARES at the moment.
jonesie
Wow, I didn't realize ....
... this was such an important subject! :)
As I said, I fully understand Iain McCready , CEO of NeoMedia , or anyone else for that matter , taking a pre-planned vacation even if the timing is shortly after employment as begun ... as I did so myself.
There's a lot of stuff we all want and need to know as shareholders ... let's all hope we can officially know .. and soon .. about far more important things than IM's vacation trips , or the next payday loan , etc.
Have a good Saturday!
jonesie
On the other hand ....
.... and as I said in reply to BE's informing "me" of that .... with the company maintaining that IM will not be located in the offices at NEOM HQ Atlanta , but rather he will be based in Scotland ... I don't think it is too much of a stretch to consider that IM will nearly always be "away".
Iain being quoted in today's PR suggests that he may well be 'on the job' while having out-of-office intercepts on his email address. He can still receive those emails , I know I received and acted on mine even while having out-of-office intercepts on my email when I was traveling the country on business .. for years.
Or Iain decided to take a quick two-week totally-out-of-touch vacation two months after coming on board but left prepared quotes to cover all potential needs for the in process PR.
Or BE's email with helpful links did help.
Or ... or ... or ...
Thus , never say never and never say "only" , there are several possible 'logical conclusion'(s) to be arrived at from the available information.
But it's not really that important :)
Except for maybe that 'vacation scenario' lol.
jonesie
bleedingedge , great job sending the Tesserra ...
... PR links to IM. Your action probably resulted in a speedier PR on the subject from NeoMedia , as much of the verbiage was similar.
jonesie
MONTHLY PRODUCTION REPORT | APR/MAY 08
TIV is catching up on production reporting!
April and May hanging in there pretty good , no big ups and no big downs. In less than a month we might get enough info to interpolate PV/Moffat production numbers?
(Note: These oil and gas production quantities do not include Pleasant Valley oil wells or certain Moffat Ranch gas wells.)
OIL
2008
May Oil: 2347 bbls
Apr Oil: 2067 bbls
Mar Oil: 2229 bbls
Feb Oil: 2234 bbls
Jan Oil: 1854 bbls
2007
Dec Oil: 1877 bbls
Nov Oil: 2518 bbls
Oct Oil: 2237 bbls
Sep Oil: 2746 bbls
Aug Oil: 2693 bbls
Jul Oil: 2150 bbls
Jun Oil: 2129 bbls
May Oil: 2258 bbls
Apr Oil: 1839 bbls
Mar Oil: 1932 bbls
Feb Oil: 1429 bbls
Jan Oil: 2974 bbls
2006
Dec Oil: 1990 bbls
Nov Oil: 2134 bbls
Oct Oil: 2311 bbls
Sep Oil: 1484 bbls
GAS
2008
May Gas: 11,470 mcf
Apr Gas: 12,019 mcf
Mar Gas: 12,864 mcf
Feb Gas: 7503 mcf
Jan Gas: 11,298 mcf
2007
Dec Gas: 8852 mcf
Nov Gas: 5989 mcf
Oct Gas: 8519 mcf
Sep Gas: 8956 mcf
Aug Gas: 8374 mcf
Jul Gas: 8036 mcf
Jun Gas: 5963 mcf
May Gas: 8572 mcf
Apr Gas: 8548 mcf
Mar Gas: 8956 mcf
Feb Gas: 8963 mcf
Jan Gas: 8688 mcf
2006
Dec Gas: 8569 mcf
Nov Gas: 6445 mcf
Oct Gas: 13,223 mcf
Sep Gas: 12,403 mcf
http://opi.consrv.ca.gov/opi/opi.dll/Search?UsrP_ID=100090301&FormStack=Main%2COperator&Opr__ID=100000315&Action=Get+Sums+&PriorState=Encoded%3DTrue
I'll look at the breakdown by well later on and get the Board Info (iBox) section updated accordingly.
Yorkville / Cornell Tracking Board #board-9964
"I can think of no more valuable commodity than information"
I thought EFF said "Patent Claims"
Has there been some other statement by the EFF where they said "95 patents"?
July 18th, 2008
U.S. Patent Office Rejects All Ninety-Five NeoMedia Patent Claims
Posted by Michael Kwun
EFF's Patent Busting Project, continues to march forward, this time with more good news about the petition that EFF, in conjunction with Paul Grewal and James Czaja of Day Casebeer Madrid & Batchelder, filed last April seeking reexamination of the NeoMedia bar-code lookup patent. We're happy to report that the United States Patent and Trademark Office (PTO) recently rejected all ninety-five claims [5.3 MB PDF] of the patent.
The PTO agreed to take another look at the patent last October after EFF filed a petition for ex parte reexamination that called to the PTO's attention a wealth of prior art that the PTO had not previously considered and that showed that the NeoMedia patent claims were not novel. After consideration of the prior art EFF submitted, the PTO found that none of the ninety-five claims in the NeoMedia patent should have been allowed.
Now that the PTO has agreed with us that the patent claims weren't novel, NeoMedia is in the difficult position of trying to explain what was so inventive about its ideas, in light of the prior art that EFF highlighted. Alternatively, NeoMedia can try to amend its claims to narrow them, and argue that the narrower claims were non-obvious, even if the original claims weren't.
(By the way, the PTO's rejection is merely the latest bad news for the NeoMedia patent. After the PTO agreed to reexamine the patent, NeoMedia agreed to put on hold its pending litigation against Scanbuy [PDF], in which NeoMedia is alleging of infringement of the bar-code lookup patent, as well as another patent.)
5 STAR Post personalizit.
5,000,000 share dump at .0021 after the open.
Of course , somebody bought them. Waiting bidder adding or going long? Closing a short position? If so , who? YAGI?
I spoke with a sell-side stock analyst yesterday who said in the otcbb all bets are off and shorting is very easy by the 'connected' ... don't even have to be a Cayman Islands outfit to do it!
jonesie
Banks , cjzak , neom2006 , thanks for the kind words.
;)
Is it time for another visit to see how close NEOM is to 25 on-site full-time employees? There were several office spaces and a very large open room in the back complete with cubicles and all pre-wired , so they certainly had the accommodations for that many people. With 10,000+ sq. ft. one would certainly hope so!
jonesie
Fidelity has it.
Well , at least we got the 'acknowledgment' by NeoMedia and we now know , or at least Iain said , that NeoMedia is going to respond with a defense.
jonesie
Very nice Iain ... and thanks for posting, Success
Good luck Iain! And just in case ... get some business too!
jonesie
Thanks neotechian.
Please let us know how it works.
I couldn't even find it on the app site lol , probably because I don't have itunes on my pc? Anyway, good job!
jonesie
Yep gumshoe , they're definitely betting ....
.... they have some time and/or TIV doesn't really have much production.
Fun to witness!
jonesie
You got that right.
Shorts may have 'found' at least a million and a half shares to borrow and sell to the Russell funds.
The might even have shorted more than 1.5MM that day , and covered some of them in the days immediately following Russell Recon. Day , days in which TIV was trading in the $6's and during a period when hundreds of thousands of shares traded in a very few days.
Anyway , as of 7/10 , 4.09MM shares short , near the all-time record high short interest of 4.16MM back in June of 2006.
I guess sooner or later we'll get to see whether the short's "interest" in this stock will be rocket fuel or lead weights.
Up to Lynn & Co.
JMO
jonesie
re: SHORT INTEREST
TIV's PPS on 6/25 , the day prior to the most recent short interest reporting period , was $7.50
Then between 6/26 and 7/10 we saw the PPS move up to as high as $8.30 , with 2 1/2 million shares trading on 6/27 (Russell Recon. Day) , and then close at $6.66 on 7/10 , the last day in this reporting period.
Shorts placed another major bet and added 1 1/2 million shares to the short interest .... and did that at prices no higher than $8.30.
Since the close of $8.25 on Russell Recon. Day the shorts are in the green and the Russell funds are in the red.
Just FYI
jonesie
2008 RUSSELL-TIME-FRAME PPS + VOL + SHORT INT.
SHORT INTEREST AS OF TRADE DATE 7/10/08
Short Interest for TIV as of Trade Date 7/10/08:
4,089,234 shares
Short interest was up 1,532,806 shares during the most recent reporting period. This period covers trading from 6/26 through 7/10.
Month-----ShrsShort---- % Change
---------------------------------
Jul 2008 - 4,089,234 ----- +59.96%
Jun 2008 - 2,556,428 ------ +9.99%
Jun 2008 - 2,324,030 ------ +1.21%
May 2008 - 2,296,132 ----- (-1.90%)
May 2008 - 2,340,630 ------ +0.86%
Apr 2008 - 2,320,625 ----- (-1.61%)
Apr 2008 - 2,358,507 ----- (-1.16%)
Mar 2008 - 2,386,251 ----- (-0.30%)
Mar 2008 - 2,393,494 ----- (-0.37%)
Feb 2008 - 2,402,283 ----- (-0.43%)
Feb 2008 - 2,412,708 ----- (-0.17%)
Jan 2008 - 2,416,782 ------ +1.88%
Jan 2008 - 2,372,266 ----- (-0.40%)
Dec 2007 - 2,381,745 ------ +0.02%
Dec 2007 - 2,381,262 ----- (-0.02%)
Nov 2007 - 2,381,837 ----- (-0.83%)
Nov 2007 - 2,401,841 ----- (-3.97%)
Oct 2007 - 2,501,137 ------ +0.71%
Oct 2007 - 2,483,500 ----- (-0.30%)
Sep 2007 - 2,490,932 ----- (-0.84%)
Sep 2007 - 2,511,943 ----- (-0.56%)
Aug 2007 - 2,526,079 ----- (-3.35%)
Jul 2007 - 2,613,736 ----- (-4.92%)
Jun 2007 - 2,749,037 ----- (-0.42%)
May 2007 - 2,760,565 ----- (-0.39%)
Apr 2007 - 2,771,400 ------ +1.82%
Mar 2007 - 2,721,853 ----- (-0.57%)
Feb 2007 - 2,737,463 ------ +1.64%
Jan 2007 - 2,693,334 ----- (-2.77%)
Dec 2006 - 2,770,185 ----- (-1.5%)
Nov 2006 - 2,811,009 ---- (-11.9%)
Oct 2006 - 3,192,293 ---- (-2.27%)
Sep 2006 - 3,266,297 ----- +0.09%
Aug 2006 - 3,263,093 ---- (-5.04%)
Jul 2006 -- 3,436,104 ---- (-17.3%)
Jun 2006 - 4,156,544 ---- +13.87%
May 2006- 3,650,143 ------ +1.83%
Apr 2006 - 3,584,379 ----- (-5.41%)
Mar 2006 - 3,789,445 ----- (-4.23%)
Feb 2006 - 3,956,897 ----- (-3.56%)
Jan 2006 - 4,102,837 ------ +3.86%
Dec 2005 - 3,950,446 ----- (-1.88%)
Nov 2005 - 4,025,937 ------ +5.01%
Oct 2005 - 3,833,789 ------ +1.39%
Sep 2005 - 3,781,376 ------ +9.56%
Aug 2005 - 3,451,421 ----- +24.25%
Jul 2005 - 2,777,900 ----- +39.66%
Jun 2005 - 1,989,039 ----- +20.65%
May 2005 - 1,648,631 ----- +40.68%
Apr 2005 - 1,171,931 ---- +113.52%
Mar 2005 --- 548,854 ----- +86.95%
Feb 2005 --- 293,590 ---- +327.46%
Jan 2005 ---- 68,682 ----- +96.67%
Dec 2004 ---- 34,923 ----- +37.38%
Nov 2004 ---- 25,421 ----- +10.40%
Oct 2004 ---- 23,027 ---- +408.66%
Sep 2004 ----- 4,527 ---- (-59.68%)
Aug 2004 ---- 11,227 ---- +132.59%
Jul 2004 ----- 4,827 ---- (-31.31%)
Jun 2004 ----- 7,027 ----- +55.22%
May 2004 ----- 4,527 ------ TWBFTS-
Apr 2004 ----- 4,527 ---- (-94.73%)
Mar 2004 ---- 85,881 ---- (-13.21%)
Feb 2004 ---- 98,951 ---- (-00.88%)
Jan 2004 ---- 99,833 ----- +00.89%
Dec 2003 ---- 98,951 ---- (-18.30%)
Hmm, still requires a log-in. Weird.
And the stock still trades. Even weirder lol
jonesie
Excellent Bleedingedge, thanks
Your personal involvement in this area should be more likely to garner an informational reply than most others might receive.
All I can hope for is that any current hutchison-whampoa/neom connection , whatever it might be , turns out to be a precursor for a lollapalooza of a deal!
Hopefully it won't be another one of those 'one-off' things like NeoSphere/NeoReader being used at a reception.
Thanks again!
jonesie
DAILY CHART
Doggone. Perhaps we need better rumors on various blogs , as NEOM fell out of the uptrend.
Maybe it can get up.
Iain!!?? JJ!!?? Anybody home??!!
jonesie
So you don't actually know what ,
if anything , is on that Chinese website which connects with Neomedia.
Okay , thanks. Just wanted to finally get the facts straight as to what is news and what is not.
I'm reminded of the dsmedialabs 'gambit'.
Best,
jonesie
And the answers to the other questions?
Thanks streets.
So , a rumor from an 'independent source' gets posted as factual news on your blog so that it can be repeated here?
If there is concern that NeoMedia may not want it publicized , why would a blog take it upon itself to , well , publicize it ... as factual news?
What is the 'connection' amidst all that Chinese script that says anything about NeoMedia?
jonesie
Yorkville / Cornell Tracking Board #board-9964
"I can think of no more valuable commodity than information"
Wow , broke back below .003
I think that will break the little uptrend we have been enjoying.
Oh well , tomorrow is another day!
Iain!!?? The next level??
jonesie
Of course not.
Except , well ... Neomedia didn't win that campaign.
So ....
"Gavitec partnered with Omniprime in the Philippines and rolled out a mobile ticketing initiative with Smart Communications, Globe, and Sun cellular."
"Any(sic) now UpCode has launched a mobile code campaign in the Philippines with Smart Communications."
And we heard so many times how Gavitec's partnerships would pave the way for NeoMedia (the world leader?) in certain instances.
Instead we just see ... again ... other companies doing something 'in the space' ... and 'the world leader' does a one-shot deal with neo@ogilvy wherein people scanned codes one night at "a special reception".
The only other sign of life has been rumors put up by bloggers.
But let's not blame NeoMedia for anything ... they must now be doing what we thought they were doing the entire year Chip was there.
By the way , several people have asked you to clarify a bit about that blogged rumor posing as news ... is now a good time?
jonesie
Yorkville / Cornell Tracking Board #board-9964
"I can think of no more valuable commodity than information"
re: TIVO/Amazon
Unless the definition of a TV remote control is going to be expanded to make it a 'mobile device' , I don't see the dots connecting. Perhaps someone else does. -jonesie
"It wants to turn the television remote control into a tool for buying the products"
"Owners of TiVo video recorders will see, in TiVo’s various onscreen menus, links to buy products like CDs, DVDs ....."
"Any thoughts on the above application, in light of this patent in the below link?
http://neom.com/13.html Patent #6,766,363
System and method of linking items in audio, visual, and printed media to related information stored on an electronic network using a mobile device
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1=6,766,363.PN.&OS=PN/6,766,363&RS=PN/6,766,363"
I thought we had a great head-start in the Philippines
Does NEOM ever follow through on anything or have most of the past 'partner' PRs simply been more like LOI's or MOU's , with nobody actually doing any work?
We even had something going with Nestle at one time as I recall. With our 'partners' over there and our past association with with Nestle , how could NeoMedia possibly NOT have gotten a 'win' on doing this campaign?
jonesie
DAILY CHART
Although we're up from the recent absolute lows , we're struggling to stay in the uptrend. So far the daily closes are keeping us in it.
CMF(5) showing a bit of money flowing IN to the stock , and it would be nice to see that confirming in CMF(20) later on.
Couple of other mildly positive indications.
JMO -jonesie
I tried it when I saw your post ...
.... said it required a log-in?
Is that what you guys are seeing?
jonesie
Thanks lemonhead1de
Still hard to say which blog posted it first ... and based on exactly what 'info'.
I couldn't find anything else on the net either , other than derivative blog posts.
Thanks again and good luck to us! Hey, we're up! lol
jonesie
Interesting info at wikipedia on this ....
.... a nice synopsis of reexaminations , some of which also speaks to the BPAI and the appeals process you included.
http://en.wikipedia.org/wiki/Reexamination
Also some interesting (funny! lol) examples of where patents were issued , possibly as 'test patents' , even though there could have been 'obvious' prior art ... and of course the patent's claims were subsequently invalidated and the patent holder was left with a patent which didn't cover anything.
Also some of the reexam statistics that have been posted on this board before.
Sorry if this link has been posted before. I don't think it has.
jonesie
Yorkville / Cornell Tracking Board #board-9964
"I can think of no more valuable commodity than information"
Yep, early volume for sure.
Hey, while you're here, did you see this question to you?
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=30803233
"Are you 6 hours ahead of ET here as well lemonhead1de?"
ET being U.S. Eastern Daylight Time at the moment.
Still trying to figure out those blog posts about Whampoa lol
TIA
jonesie
re: Hedging by TIV
If "they locked it all in on a long term oil sales contract" , would that practice normally be recognized as "hedging"?
If so , the below may rule that out as a possible reason for why TIV's sales price per barrel of oil seems to be a bit low.
From their 2007 Annual Report (filed in March of 2008:
"We do not engage in hedging activities and do not use commodity futures or forward contracts for cash management functions."
From their 2006 Annual Report:
"We do not engage in hedging activities and does not use commodity futures or forward contracts for cash management functions."
From their 2005 Annual Report:
"Tri-Valley Corporation does not engage in hedging activities and does not use commodity futures or forward contracts for cash management functions."
From their 2004 Annual Report:
"Tri-Valley Corporation does not engage in hedging activities and does not use commodity futures or forward contracts for cash management functions."