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The Motion to Stay and Notification of Settlement is dated July 17, 2015
Thank you yanquitrader.
Patent Reform Slows Down in Congress
July 15, 2015?Dennis Crouch
by Dennis Crouch
Acting in bi-partisan fashion, leadership in the House of Representatives has reportedly removed Rep. Goodlatte’s Innovation Act (H.R. 9) from House Floor consideration for this summer – indicating that the bill is not yet ready for a consensus vote. (Summer session typically runs through the end of July with a break for the month of August).
Some amount of opposition had been building within Congress, including a joint press conference yesterday that included U.S. Representatives John Conyers (D-Mich.), Thomas Massie (R-Ky.), Bill Foster (D-Ill.), and Scott Peters (D-Calif.) as well as Senators Chris Coons (D-Del.) and David Vitter. In their press release, the group wrote that “H.R. 9 is strongly opposed by inventors, small businesses, venture capitalists, startup communities, and manufacturing, technology, and life sciences companies.”
A compromise bill has some chance this fall and we can expect more aggressive PR campaigns showing the woes of patent trolls as well as the benefits of patent-driven innovation.
Short interest basically unchanged for the last period.
http://www.nasdaq.com/symbol/mara/short-interest
I believe that is correct EMI. Marathon always only had an economic interest in the US Bridgetone case. Never owed the asserted patent asset, nor do they currently. As you note, to the contrary, they do own the German patent asset which they bought from Bridgestone and the additional recently purchased (43) assets, are all which are international assets.
Always appreciate your thoughts Patentinvestor. The current climate for patents could be argued to be just about as bad as it could get. You have to wonder if any change in the White House can only lead to improvement. It's hard to envision Hillary, receiving sizeable donations from big Pharma, most who oppose patent reform, being as beholden to companies like Google and Facebook as the current president.
Patents are still a constitutionally enshrined right. I believe history has shown that private industry will always find a way to work around government changes and legislation.
If the past is indicative of the future and politicians side with those who have provided them the most money, Clinton might be a change in the right direction based on the article below.
Also goes without saying that a Republican in the White House, Bush, Trump, or whoever, could only be positive for the patent system and patent owners.
That said, just as stated before by companies like Acacia, reform is ultimately going to help them, not necessarily harm them. It's all more of a perception issue than actual reality. Most reform is aimed at low quality patents to begin with. Get rid of lower quality patents and it creates a potential increases in the value of the stronger ones. Ones like Marathon's who have routinely been subject to stringent challenge by companies the likes of Apple, yet have routinely emerged valid and enforceable.
Ultimately, proposed reform fundamentally makes it harder for smaller patent owners to enforce their rights, therefore they will be forced to go to a Marathon, Acacia or other advocate to do so. I've long thought the space will consolidate leaving only a few standing, but those standing will ultimately see their business strengthened.
http://www.vox.com/2015/5/16/8615465/clinton-patent-speaking-fees
5 organizations that have opposed patent reform and gave Clinton money
Novo Nordisk is a major drug company. Drug companies benefit from patents and have opposed reforms that could weaken patent protection. Novo Nordisk is a member of the trade group PhRMA, which has lobbied heavily against patent reforms in recent years. Novo has also lobbied the US government on patent reform directly. Clinton received $125,000 from the company in 2014.
The Biotechnology Industry Organization has been an influential opponent of the patent reform bill Congress has been working on for the last two years. Last December BIO drafted a letter to members of Congress arguing that the leading patent reform bill would "go far beyond what is necessary or desirable to combat abusive litigation." Clinton's disclosure appears to say she got $335,000 from BIO in 2014, though the text is difficult to read.
Qualcomm is a company that makes chips for wireless devices. Qualcomm has a lot of patents related to wireless technology and has opposed significant changes to the patent system. In a letter to the New York Times this week, Qualcomm's general counsel described the leading patent reform bills as "sweeping measures that would treat all patent holders seeking to enforce their rights as 'trolls.'" Clinton's disclosure appears to say she got $335,000 from Qualcomm in 2014, though it's also hard to read.
While Xerox has not lobbied against patent reform as actively as some other companies, it signed a letter in 2013 opposing a proposal that would make it easier to get rid of low-quality software patents. Clinton received $225,000 from Xerox in 2014.
Glassmaker Corning has not been very active in the current patent reform battle, but it was more vocal when Congress was debating the last major patent reform bill, which passed in 2011. Corning signed a letter in 2009 opposing a number of reforms that could weaken patent protections. The letter argued that "there is no explosion in patent litigation," and warned that "it would be a terrible mistake to allow the increase in patent applications to become an excuse to undermine patent protections." Clinton received $225,000 from Corning in 2014.
$1.35 BILLION market cap and $3m in Q1 revenues. Am I reading that right?
ms,
Thanks for your thoughts as always.
For the most part, we don't have punitive damages for US patent cases either. As you know, a plaintiff can get a finding of willfulness which may provides up to 3X damages, but it is VERY uncommon.
I wonder if today's favorable ruling in NTIP could bring a little interest back to certain names in the space. he ruling was somewhat expected as I understand it, but they sure go a nice pop on the news, up 56% at its high.
Really hard to comprehend and rationalize their valuation being approximately $63M and Marathon's currently just $40M. Last year, they did $12.3M in revs versus Marathon's $21.4M. Marathon's net income was almost 2.5X's Network 1's.
I will defer to you, Flyers and others on what constitutes a fair valuation, but the disparity in valuation of the two companies, relative to financials, is hard to ignore.
Same could be said when comparing ACTG and MARA imo. If I'm correct, MARA produced about 50% of the EBITDA of ACTG last year yet trades at discount many time that when compared, even with recent weakness in ACTG too.
http://finance.yahoo.com/news/court-rules-favor-network-1-131300672.html
Totally agree on the exchange, appreciate you both weighing in.
EMI, I would further comment on a point you touched on only briefly.
My understanding is that the overall prosecution of a patent in Germany is considerably less expensive than here in the US. I have been advised that it is approximately 10-20% of the total cost when compared to the US. Furthermore, the German system is quicker and there are very few appeals made in light of the fact that it is always a panel of judges, well versed on the subject matter, rather than a jury, that rules on both infringement and validity. Generally speaking Judges there apparently rarely overturn other Judges, as compared to the US where a Judge will readily overturn a jury if they err in a matter of law in their decision.
Approximately half of Marathon's assets are international as you know. Even the recent 43 assets from Bridgestone are all international.
Lastly, to appeal in Germany, I believe the defendant is liable for 2.5X attorney fee's if appeal is denied? Something of that nature. The percentage of appeals, let alone granted ones, is said to be limited.
In the US, correct me if I'm wrong, but the vast majority of the company's cases are done on contingency I believe.
Again, good exchange and respective thoughts.
The irony about patent reform is that the perception of it is more damaging than the reality of it.
Truth is that by most accounts, current proposed reform is actually of benefit to a company like Acacia and Marathon.
For example: http://acaciaresearch.com/wp-content/uploads/2015/04/Acacia-Corporate-Presentation-Q1-2015.pdf
Page 5 "Presently proposed patent reform legislation is good for Acacia"
Marathon Patent Group's Wholly-Owned Subsidiary MedTech Development Deutschland GmbH Receives Favorable Preliminary Ruling of Infringement Against Joline GmbH & Co. KG, Signus Medizintechnik GmbH and PanMedical
LOS ANGELES, CA--(Marketwired - Jul 2, 2015) - Marathon Patent Group, Inc. (NASDAQ: MARA) ("Marathon"), a patent licensing company, announced that on July 1, 2015, in the patent infringement action filed by its wholly-owned subsidiary, MedTech Development Deutschland GmbH involving the patent EP 1 104 260 B2 (the '260 patent) the Munich District Court of Germany expressed in its preliminary opinion that the following defendants, Joline GmbH & Co. KG, Signus Medizintechnik GmbH and PanMedical, infringe the '260 patent.
The '260 patent had previously been accused of invalidity by Stryker GmbH & Co. KG ("Stryker Germany"). In a nullity hearing held June 19, 2015, the five-judge panel at the Federal Patent Court, after carefully considering all facts and arguments brought by Stryker, deliberated and returned with the unrestricted verdict that "All claims are valid."
"We are pleased that the Munich District Court has expressed its preliminary opinion that the defendants infringe the '260 patent. Today's court hearing, and the continuing injunction against Stryker, have the potential of creating further incentive for the parties in dispute to explore and discuss mutual resolution in the form of an equitable licensing agreement, much like the one just executed with Maxxspine Limited, which involves a lump sum royalty payment for products already sold, as well as a running royalty rate for future sales," said Doug Croxall, CEO of Marathon Patent Group.
About Marathon Patent Group
Marathon is a patent acquisition and monetization company. The Company acquires patents from a wide-range of patent holders from individual inventors to Fortune 500 companies. Marathon's strategy of acquiring patents that cover a wide-range of subject matter allows the Company to achieve diversity within its patent asset portfolio. Marathon generates revenue with its diversified portfolio through actively managed concurrent patent rights enforcement campaigns. This approach is expected to result in a long-term, diversified revenue stream. To learn more about Marathon Patent Group, visit www.marathonpg.com.
About Noerr LLP, attorney-of-record of MedTech Development Deutschland GmbH
Noerr is one of the top European law firms with more than 500 professionals in Germany, Europe and the USA. The firm delivers real value to clients by devising and handling the right solutions to complex and sophisticated legal matters. The Noerr difference is its unique combination of legal excellence, creative thinking, international experience and in-depth industry knowledge.
Safe Harbor Statement
Certain statements in this press release constitute "forward-looking statements" within the meaning of the federal securities laws. Words such as "may," "might," "will," "should," "believe," "expect," "anticipate," "estimate," "continue," "predict," "forecast," "project," "plan," "intend" or similar expressions, or statements regarding intent, belief, or current expectations, are forward-looking statements. While the Company believes these forward-looking statements are reasonable, undue reliance should not be placed on any such forward-looking statements, which are based on information available to us on the date of this release. These forward looking statements are based upon current estimates and assumptions and are subject to various risks and uncertainties, including without limitation those set forth in the Company's filings with the Securities and Exchange Commission (the "SEC"), not limited to Risk Factors relating to its patent business contained therein. Thus, actual results could be materially different. The Company expressly disclaims any obligation to update or alter statements whether as a result of new information, future events or otherwise, except as required by law.
Contact Information
Marathon Patent Group
Jason Assad
678-570-6791
Jason@marathonpg.com
No doubt the space has been under considerable pressure.
I actually had a conversation with an analyst who covers the space a couple days back. He too confirmed it extremely out of favor. That said, it was his opinion, right or wrong, that he felt the pendulum has swung far too much to the negative and that the extreme negativity is now creating opportunity in certain names, Marathon was one specifically named.
Looking at the company's calendar for foreign trials at their site, looks like yesterday was a trial in Germany against multiple defendants.
http://www.marathonpg.com/patent-portfolio/key-court-dates
It's the financing. Clear toxicity that is causing a death spiral at the moment.
bundy,
Good call so far!
Whenever a company does a floorless convertible financing, there is incentive for the financiers to push the stock down. It creates an ATM like scenario where the investor is in a no lose situation. This company's fundamentals appear to be improving while the shares have dropped precipitously post financing. It's obvious to even a lay person that it's the terms of the financing that are the cause. Question is what is the current fully diluted share count and are the shares that could be converted and or sold, now in the market or can more be issued?
I don't know the terms but clearly there is some real toxicity in the deal. Shares appear very undervalued, but an adverse financing has the power to kill value. Stock price can only indicate that to be occurring as we speak.
I appreciate you posting the details. It's obvious to anyone watching that the shares are being pushed down by the toxicity in the recent financing. I'm still not understanding why they didn't have some sort of price floor on the deal. The financing is completely destroying the entire cap structure and all shareholder value.
There's another company in this space I believe to be a better speculative play called Spindle. At just a $7M market cap and a full blown PSP with marketing, loyalty, POS etc, they are a good high risk, high reward play on Unified Commerce.
Plus, the former CEO of BlockBuster just bought just below 10% of the entire company.
Denver, CO (PRWEB) June 29, 2015
Michael Kelly today filed a Schedule 13D with the SEC disclosing his acquisition of 9.36% of the outstanding shares of Spindle, Inc. (OTC:SPDL). Spindle offers businesses a unified commerce platform that integrates mobile, wireless, e-commerce, call center, loyalty, digital couponing and point-of-sale technologies.
Kelly recently announced his acquisition of Salt Lake City-based mobile commerce operator Alpha Bay, LLC. Alpha Bay is a leading cloud-based, SaaS and mobile commerce platform that offers a transformative point-of-sale technology to developers and retailers of all sizes. Alpha Bay goes beyond traditional payment acceptance and inventory/sales tracking systems by providing a unified retail commerce platform that integrates the back office, marketing, promotions, coupons, mobile ads and payment solutions to hyper-target consumers at the moment of buying interest. Alpha Bay solutions give retailers complete control over consumer purchase behavior and the in-store buying experience.
Chardan Capital Update July 29
IP Monetization: Marathon Update. Valuation Intriguing at Current Levels.
Marathon Patent Group is down 65% year-to-date and with a market cap of $40 million is trading below the potential value of just one of the major cases it has outstanding. There are numerous potential near-term catalysts.
There have been a number of factors resulting in the significant under-performance this year, which include the overall weakness of the group, which is down about 20% year-to-date, a negative ruling in February against TLI Communications, and a negative ruling in Bridgestone Americas Tire Operations LLC v. Schrader-Bridgeport. However, the company still has about 10 major cases pending which significant settlement potential from each. We estimate a range of values for the company starting at twice the current share price assuming a modest average license fee and low win rate.
The table below presents the cash value on a per share basis assuming the average value of the settlement of each of the major cases ranges between $20 million and $60 million with a success rate of 50% to 90%. Each scenario includes gross costs of 40% of the settlement value. Costs include litigation and revenue sharing agreements, three years of corporate overhead and a full tax rate, reduced by existing NOLs.
Croxall continued, "In upcoming months, we expect to further leverage existing and already licensed assets in Signal and other portfolios owned by Marathon against entirely new defendants, building on the current approximate 50 defendant count. We believe there remains significant opportunity within our current asset base to broaden the depth of monetization of existing revenue generating portfolios, as well as asserting assets currently not in monetization."
In addition to the trial scheduling order described above, the Company has also updated its current scheduled court calendar.
June 18 and 19, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Stryker GmbH in the Munich District Court
(They Won)
http://www.marathonpg.com/news/press-releases/detail/1071/marathon-patent-group-announces-favorable-ruling-regarding
June 29, 2015 - A Markman hearing is scheduled to be held in Selene v. Fluke Electronics Corporation in The U.S. District Court for the District of Delaware
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Joline GmbH in the Munich District Court
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Maxxspine Ltd. in the Munich District Court
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. SAM in the Munich District Court
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Signus Medizintechnik GmbH in the Munich District Court
July 21, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Stryker GmbH in the Munich District Court
July 30, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Facebook, Inc in the Munich District Court
July 30, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Yahoo!, Inc in the Munich District Court
September 4, 2015 - A Markman hearing is scheduled in TLIF v. Biomet Inc. in The United States District Court for the Eastern District of Texas
September 14, 2015 - A jury trial is scheduled in IP Liquidity v. TRW in The U.S. District Court for the District of Delaware
September 17, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Google, Inc in the Munich District Court
September 17, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Apple in the Munich District Court
October 29, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Stryker GmbH in the Munich District Court (Patents EP1104260 B2 and EP1938765 B1)
November 9, 2015 - A jury trial in E2E v. Cabelas, Inc. in The United States District Court for the Eastern District of Texas
December 1, 2015 - A Markman hearing is scheduled in Selene v. Trend Micro America, Inc. in The United States District Court, Northern District of California
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Osseon in The U.S. District Court for the District of Delaware
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Stryker Corporation in The U.S. District Court for the District of Delaware
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Dfine Inc. in The U.S. District Court for the District of Delaware
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Wright Medical Technology Inc. in The U.S. District Court for the District of Delaware
March 15, 2016 - A jury trial is scheduled in Signal v. (1 of 10 defendants) in the United States District Court for the Central District of California. *(Subsequent trials shall start approximately every 60 days thereafter. If an action against one defendant is resolved, then all subsequent actions are moved up to an earlier date)
April 11, 2016 - A jury trial is scheduled in TLIF v. Biomet Inc. in The United States District Court for the Eastern District of Texas
May 10, 2015 - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
June 16, 2016 - A jury trial is scheduled in IP Liquidity v. Celgene in The U.S. District Court for the District of Delaware
July 22, 2015 - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
August 8, 2016 - A jury trial is scheduled in Selene v. Fluke Electronics Corporation in The U.S. District Court for the District of Delaware
September 13, 2016 - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
November 15, 2016 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
January 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
March 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
May 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. Osseon in The U.S. District Court for the District of Delaware
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. v. Stryker in The U.S. District Court for the District of Delaware
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. Dfine in The U.S. District Court for the District of Delaware
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. Wright Medical in The U.S. District Court for the District of Delaware
July 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
September 15, 2017 (Approx) A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
Thank you for that info msl2008. Insightful.
Thanks for the reply and thoughts stargazer. Really appreciate it.
Thanks for the post of that information stargazer. Chart starting to look pretty interesting after the recent pullback.
Thanks for posting that. I hate seeing this stock below $100. On the fence whether I should add to my position or not here.
TY Joby!
How many shares did she buy?
Any idea on the drop today?
SPDL (.17) 13D filed after the close by the former President of Blockbuster, Mike Kelly.
http://ih.advfn.com/p.php?pid=nmona&article=67350193&symbol=SPDL
Alpha Bay, LLC names veteran media industry executive Michael Kelly as President and CEO
Posted: Jun 15, 2015 4:14 PM EDT
Kelly recently retired from DISH Network where he served as executive vice president.
Denver, CO (PRWEB) June 15, 2015
Kelly, a 15-year veteran of Dish, joined the company in 2000 after it merged with his Kelly Broadcasting Systems. Most recently Kelly served as president of Dish’s Blockbuster unit, which was acquired out of bankruptcy in 2011. While at Dish, Kelly led the development of its international programming business and was responsible for launching more than 50 international networks.
Kelly served as an executive vice president at Dish for more than a decade, leading direct sales, commercial sales and advertising sales operations. He spearheaded Dish’s advertising venture with Google called “Ad Sense for TV” and facilitated Dish’s role as a launch partner in the Google TV platform. Kelly was also responsible for several innovative projects including an automated anonymized set top box audience measurement platform and Dish’s successful set top box addressable advertising network. While heading up Dish’s customer care division, the company received top industry rankings from the American Customer Satisfaction Index (ACSI) and J.D. Power and Associates. Kelly also led many of Dish’s acquisitions and strategic investments during his tenure.
Kelly founded Kelly Broadcasting Systems in 1991, which operated satellite transmission facilities around the globe. KBS licensed and distributed international radio and television programming from countries like Brazil, Croatia, Egypt, Greece, Holland, Italy, India, Jordan, Lebanon, Pakistan, Portugal, Russia, Saudi Arabia and the UAE. While at KBS, he was named the Ernst and Young 1998 Entrepreneur of the Year.
Alpha Bay is a leading cloud-based, SaaS and mobile commerce platform that offers a transformative point-of-sale technology to developers and retailers of all sizes. Alpha Bay goes beyond traditional payment acceptance and inventory/sales tracking systems by providing a unified retail commerce platform that integrates the back office, marketing, promotions, coupons, mobile ads and payment solutions to hyper-target consumers at the moment of buying interest. Alpha Bay solutions give retailers complete control over consumer purchase behavior and the in-store buying experience.
Kelly is the principal shareholder in Alpha Bay, LLC and is active in the technology sector through various private equity investments and other entrepreneurial activities. Please visit AlphaBay.com
SPDL (.17) 13D filed by the former President of Blockbuster, Mike Kelly.
http://ih.advfn.com/p.php?pid=nmona&article=67350193&symbol=SPDL
Alpha Bay, LLC names veteran media industry executive Michael Kelly as President and CEO
Posted: Jun 15, 2015 4:14 PM EDT
Kelly recently retired from DISH Network where he served as executive vice president.
Denver, CO (PRWEB) June 15, 2015
Kelly, a 15-year veteran of Dish, joined the company in 2000 after it merged with his Kelly Broadcasting Systems. Most recently Kelly served as president of Dish’s Blockbuster unit, which was acquired out of bankruptcy in 2011. While at Dish, Kelly led the development of its international programming business and was responsible for launching more than 50 international networks.
Kelly served as an executive vice president at Dish for more than a decade, leading direct sales, commercial sales and advertising sales operations. He spearheaded Dish’s advertising venture with Google called “Ad Sense for TV” and facilitated Dish’s role as a launch partner in the Google TV platform. Kelly was also responsible for several innovative projects including an automated anonymized set top box audience measurement platform and Dish’s successful set top box addressable advertising network. While heading up Dish’s customer care division, the company received top industry rankings from the American Customer Satisfaction Index (ACSI) and J.D. Power and Associates. Kelly also led many of Dish’s acquisitions and strategic investments during his tenure.
Kelly founded Kelly Broadcasting Systems in 1991, which operated satellite transmission facilities around the globe. KBS licensed and distributed international radio and television programming from countries like Brazil, Croatia, Egypt, Greece, Holland, Italy, India, Jordan, Lebanon, Pakistan, Portugal, Russia, Saudi Arabia and the UAE. While at KBS, he was named the Ernst and Young 1998 Entrepreneur of the Year.
Alpha Bay is a leading cloud-based, SaaS and mobile commerce platform that offers a transformative point-of-sale technology to developers and retailers of all sizes. Alpha Bay goes beyond traditional payment acceptance and inventory/sales tracking systems by providing a unified retail commerce platform that integrates the back office, marketing, promotions, coupons, mobile ads and payment solutions to hyper-target consumers at the moment of buying interest. Alpha Bay solutions give retailers complete control over consumer purchase behavior and the in-store buying experience.
Kelly is the principal shareholder in Alpha Bay, LLC and is active in the technology sector through various private equity investments and other entrepreneurial activities. Please visit AlphaBay.com
SPDL (.17) 13D filed by the former President of Blockbuster, Mike Kelly.
http://ih.advfn.com/p.php?pid=nmona&article=67350193&symbol=SPDL
Alpha Bay, LLC names veteran media industry executive Michael Kelly as President and CEO
Posted: Jun 15, 2015 4:14 PM EDT
Kelly recently retired from DISH Network where he served as executive vice president.
Denver, CO (PRWEB) June 15, 2015
Kelly, a 15-year veteran of Dish, joined the company in 2000 after it merged with his Kelly Broadcasting Systems. Most recently Kelly served as president of Dish’s Blockbuster unit, which was acquired out of bankruptcy in 2011. While at Dish, Kelly led the development of its international programming business and was responsible for launching more than 50 international networks.
Kelly served as an executive vice president at Dish for more than a decade, leading direct sales, commercial sales and advertising sales operations. He spearheaded Dish’s advertising venture with Google called “Ad Sense for TV” and facilitated Dish’s role as a launch partner in the Google TV platform. Kelly was also responsible for several innovative projects including an automated anonymized set top box audience measurement platform and Dish’s successful set top box addressable advertising network. While heading up Dish’s customer care division, the company received top industry rankings from the American Customer Satisfaction Index (ACSI) and J.D. Power and Associates. Kelly also led many of Dish’s acquisitions and strategic investments during his tenure.
Kelly founded Kelly Broadcasting Systems in 1991, which operated satellite transmission facilities around the globe. KBS licensed and distributed international radio and television programming from countries like Brazil, Croatia, Egypt, Greece, Holland, Italy, India, Jordan, Lebanon, Pakistan, Portugal, Russia, Saudi Arabia and the UAE. While at KBS, he was named the Ernst and Young 1998 Entrepreneur of the Year.
Alpha Bay is a leading cloud-based, SaaS and mobile commerce platform that offers a transformative point-of-sale technology to developers and retailers of all sizes. Alpha Bay goes beyond traditional payment acceptance and inventory/sales tracking systems by providing a unified retail commerce platform that integrates the back office, marketing, promotions, coupons, mobile ads and payment solutions to hyper-target consumers at the moment of buying interest. Alpha Bay solutions give retailers complete control over consumer purchase behavior and the in-store buying experience.
Kelly is the principal shareholder in Alpha Bay, LLC and is active in the technology sector through various private equity investments and other entrepreneurial activities. Please visit AlphaBay.com
13D filed by the President of Blockbuster, Mike Kelly.
http://ih.advfn.com/p.php?pid=nmona&article=67350193&symbol=SPDL
May be more to this other than just a passive investment.
Alpha Bay, LLC names veteran media industry executive Michael Kelly as President and CEO
Posted: Jun 15, 2015 4:14 PM EDT
Kelly recently retired from DISH Network where he served as executive vice president.
Denver, CO (PRWEB) June 15, 2015
Kelly, a 15-year veteran of Dish, joined the company in 2000 after it merged with his Kelly Broadcasting Systems. Most recently Kelly served as president of Dish’s Blockbuster unit, which was acquired out of bankruptcy in 2011. While at Dish, Kelly led the development of its international programming business and was responsible for launching more than 50 international networks.
Kelly served as an executive vice president at Dish for more than a decade, leading direct sales, commercial sales and advertising sales operations. He spearheaded Dish’s advertising venture with Google called “Ad Sense for TV” and facilitated Dish’s role as a launch partner in the Google TV platform. Kelly was also responsible for several innovative projects including an automated anonymized set top box audience measurement platform and Dish’s successful set top box addressable advertising network. While heading up Dish’s customer care division, the company received top industry rankings from the American Customer Satisfaction Index (ACSI) and J.D. Power and Associates. Kelly also led many of Dish’s acquisitions and strategic investments during his tenure.
Kelly founded Kelly Broadcasting Systems in 1991, which operated satellite transmission facilities around the globe. KBS licensed and distributed international radio and television programming from countries like Brazil, Croatia, Egypt, Greece, Holland, Italy, India, Jordan, Lebanon, Pakistan, Portugal, Russia, Saudi Arabia and the UAE. While at KBS, he was named the Ernst and Young 1998 Entrepreneur of the Year.
Alpha Bay is a leading cloud-based, SaaS and mobile commerce platform that offers a transformative point-of-sale technology to developers and retailers of all sizes. Alpha Bay goes beyond traditional payment acceptance and inventory/sales tracking systems by providing a unified retail commerce platform that integrates the back office, marketing, promotions, coupons, mobile ads and payment solutions to hyper-target consumers at the moment of buying interest. Alpha Bay solutions give retailers complete control over consumer purchase behavior and the in-store buying experience.
Kelly is the principal shareholder in Alpha Bay, LLC and is active in the technology sector through various private equity investments and other entrepreneurial activities. Please visit AlphaBay.com
13D filed by the President of Blockbuster, Mike Kelly.
May be more to this other than just a passive investment.
Alpha Bay, LLC names veteran media industry executive Michael Kelly as President and CEO
Posted: Jun 15, 2015 4:14 PM EDT
Kelly recently retired from DISH Network where he served as executive vice president.
Denver, CO (PRWEB) June 15, 2015
Kelly, a 15-year veteran of Dish, joined the company in 2000 after it merged with his Kelly Broadcasting Systems. Most recently Kelly served as president of Dish’s Blockbuster unit, which was acquired out of bankruptcy in 2011. While at Dish, Kelly led the development of its international programming business and was responsible for launching more than 50 international networks.
Kelly served as an executive vice president at Dish for more than a decade, leading direct sales, commercial sales and advertising sales operations. He spearheaded Dish’s advertising venture with Google called “Ad Sense for TV” and facilitated Dish’s role as a launch partner in the Google TV platform. Kelly was also responsible for several innovative projects including an automated anonymized set top box audience measurement platform and Dish’s successful set top box addressable advertising network. While heading up Dish’s customer care division, the company received top industry rankings from the American Customer Satisfaction Index (ACSI) and J.D. Power and Associates. Kelly also led many of Dish’s acquisitions and strategic investments during his tenure.
Kelly founded Kelly Broadcasting Systems in 1991, which operated satellite transmission facilities around the globe. KBS licensed and distributed international radio and television programming from countries like Brazil, Croatia, Egypt, Greece, Holland, Italy, India, Jordan, Lebanon, Pakistan, Portugal, Russia, Saudi Arabia and the UAE. While at KBS, he was named the Ernst and Young 1998 Entrepreneur of the Year.
Alpha Bay is a leading cloud-based, SaaS and mobile commerce platform that offers a transformative point-of-sale technology to developers and retailers of all sizes. Alpha Bay goes beyond traditional payment acceptance and inventory/sales tracking systems by providing a unified retail commerce platform that integrates the back office, marketing, promotions, coupons, mobile ads and payment solutions to hyper-target consumers at the moment of buying interest. Alpha Bay solutions give retailers complete control over consumer purchase behavior and the in-store buying experience.
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msl,
I would remind you that it was Bridgestone who filed suit in Germany, owned the patent at the time, and won the infringement trial.
There is substantial info online regarding your question.
I would argue they are actually more severe and stringent than most comprehend. As noted, there are criminal penalties to a company's executives if found to be in violation. They can be personally held accountable in the form of incarceration.
What they mean to the defendant? A complete cease and desist from making, using, or selling the infringed good. In the case of Schrader, a complete shut down of their operations in Germany which account for roughly 55% of their annual revenues.
In patent litigation, however, a stay of enforcement has almost never happened. As the law has determined that an injunction is the consequence of a finding of infringement (s. 139 Patent Act), for the defendant to stop an infringing activity is generally not considered to cause it “irreparable harm”.
I expect Marathon will have to, and intends to, put up the bond. I believe they did the same in the Stryker matter.
I believe an injunction would include an immediate halt of all production and destruction of everything in the entire supply chain. I don't know how it would affect sensors already in the market. I'd assume Schrader might have to indemnify a lot of people at that point, if not having done so already. Remember, it's not just the manufacturer who has liability for the infringement, but also anyone using it.
In Germany, I also recall injunctions provide for possible incarceration of company executives if found to have violated. Pretty serious implications is my understanding.
While yes you make a good point wondering if it will occur, to not allow it to occur would seem to completely undermine the integrity and value of their system as it's long been built. As a matter of law, I don't believe Schrader has any grounds whatsoever to stop it. The fact the consequences are so severe is really neither here nor there to the fact the German court already found Schrader to be guilty of infringement.
Simply put, finding of infringement provides the plaintiff with the right to seek an injunction, it appears rarely denied, if ever, despite the financial implications to the defendant or others that rely on them. The reason the German system is so efficient is this exact right and the fact it often leads to resolution.
I believe the process of putting in the injunction post such a finding there is considered procedural, really not able to be debated as a matter of law. I think it would be tough to site a case over there were a plaintiff lost such a right post winning the infringement trial. Again, could be interesting if they are in the process of trying to put it in place as we speak.
Thank you EMI.
Interesting thing is those covering the company always cited the German suit as where the value was and never even mentioned the US case. Germany is where Marathon actually owns the patent versus only being a partner to Bridgestone here in the US case.
I believe you are correct that Germany is one of their largest markets, said to be about 55% of all their TPMS revenues if I read correctly.
It will be interesting to see if they get the injunction in place near term, how Schrader deals with it. Unlike the injunction against Stryker dealing with Kyphoplasty which is a small portion of their overall revenue, an injunction against Schrader could literally possibly cripple not only their business, but that of their large auto manufacturer customers like Volkswagen's. Can you imagine having to remove all 4 sensors from every car sitting on every lot over there. Not only can they not manufacture the sensor, but everything in the supply chain must be destroyed.
Think about that for a second, pretty adverse financial consequences likely well in excess of simply executing a global settlement. Don't forget Marathon can still go after them in other countries as well if they choose to. Not only that, but how many of the new 43 international assets just bought by Marathon, from Bridgestone, may be an problem waiting to happen for Schrader? Marathon may have many more bullets ready for Schrader on the heels of that recent asset purchase.
To me, the implications would appear to be so financially devastating that I find it hard to imagine Schrader would allow it to actually occur. If they are already putting it in place, and are successful in doing so, that would appear to be very encouraging in terms of a potential quick global settlement. Is it your opinion this could occur in only a matter of weeks?
Ultimately, I think you're right that they may have lost a little leverage, but it's also feasible that an ultimate global settlement may not really be materially reduced from what it would have been to begin with. Truth is that Marathon won in Germany and that remains a huge leverage point, despite last weeks occurrence. The ability to put an injunction there was, and still is, the biggest hammer being swung in the fight.
As we've seen, things can change in a heartbeat. Let us know if you hear anything on the progress of the injunction.
Thanks again for your insight.
Got it msl...thanks for the response as always.
Funny you mention that EMI. I was talking to a couple other shareholders the other day, all of which agreed that had it not been for the pressure of that seller for months now, last weeks adverse ruling, a case not even being assigned a value by most including every single analyst, would likely never have resulted in such a hit to the stock.
They sited investor psychology as being very compromised due to the seller having pushed the shares down so consistently over recent months. So fragile that it only took a minor setback to cause a cascade of selling well beyond what most would consider justified. They thought had the shares been at higher and at more equitable prices, it would have still been a bummer, but never resulted in such a price haircut.
What are your thoughts on the true materiality of the ruling in the American Schrader case considering it has no affect whatsoever on the German case where they already won and are in the process apparently of putting in an injunction? That to the benefit of the TRW case, the jury found the patents valid which essentially prevents TRW from claiming invalidity?
No shortage of upcoming potential revenue events. Calendar pretty much speaks for itself. Last year they generated $21.4M with just two Markman hearings, no U.S. trails and two infringement trails in Germany.
Below also excludes the fact that in their recent release:http://www.marathonpg.com/news/press-releases/detail/1070/marathon-patent-group-receives-order-setting-case-schedule
They state: "In upcoming months, we expect to further leverage existing and already licensed assets in Signal and other portfolios owned by Marathon against entirely new defendants, building on the current approximate 50 defendant count. We believe there remains significant opportunity within our current asset base to broaden the depth of monetization of existing revenue generating portfolios, as well as asserting assets currently not in monetization."
June 18 and 19, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Stryker GmbH in the Munich District Court
June 29, 2015 - A Markman hearing is scheduled to be held in Selene v. Fluke Electronics Corporation in The U.S. District Court for the District of Delaware
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Joline GmbH in the Munich District Court
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Maxxspine Ltd. in the Munich District Court
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. SAM in the Munich District Court
July 1, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Signus Medizintechnik GmbH in the Munich District Court
July 21, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Stryker GmbH in the Munich District Court
July 30, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Facebook, Inc in the Munich District Court
July 30, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Yahoo!, Inc in the Munich District Court
September 4, 2015 - A Markman hearing is scheduled in TLIF v. Biomet Inc. in The United States District Court for the Eastern District of Texas
September 14, 2015 - A jury trial is scheduled in IP Liquidity v. TRW in The U.S. District Court for the District of Delaware
September 17, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Google, Inc in the Munich District Court
September 17, 2015 - An oral hearing is scheduled to begin in TLI Communications GmbH v. Apple in the Munich District Court
October 29, 2015 - An oral hearing is scheduled to begin in MedTech GmbH v. Stryker GmbH in the Munich District Court (Patents EP1104260 B2 and EP1938765 B1)
November 9, 2015 - A jury trial in E2E v. Cabelas, Inc. in The United States District Court for the Eastern District of Texas
December 1, 2015 - A Markman hearing is scheduled in Selene v. Trend Micro America, Inc. in The United States District Court, Northern District of California
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Osseon in The U.S. District Court for the District of Delaware
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Stryker Corporation in The U.S. District Court for the District of Delaware
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Dfine Inc. in The U.S. District Court for the District of Delaware
December 3, 2015 - A Markman hearing is scheduled in Orthophoenix v. Wright Medical Technology Inc. in The U.S. District Court for the District of Delaware
March 15, 2016 - A jury trial is scheduled in Signal v. (1 of 10 defendants) in the United States District Court for the Central District of California. *(Subsequent trials shall start approximately every 60 days thereafter. If an action against one defendant is resolved, then all subsequent actions are moved up to an earlier date)
April 11, 2016 - A jury trial is scheduled in TLIF v. Biomet Inc. in The United States District Court for the Eastern District of Texas
May 10, 2015 - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
June 16, 2016 - A jury trial is scheduled in IP Liquidity v. Celgene in The U.S. District Court for the District of Delaware
July 22, 2015 - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
August 8, 2016 - A jury trial is scheduled in Selene v. Fluke Electronics Corporation in The U.S. District Court for the District of Delaware
September 13, 2016 - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
November 15, 2016 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
January 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
March 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
May 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. Osseon in The U.S. District Court for the District of Delaware
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. v. Stryker in The U.S. District Court for the District of Delaware
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. Dfine in The U.S. District Court for the District of Delaware
June 12, 2017 - A jury trial is scheduled in Orthophoenix v. Wright Medical in The U.S. District Court for the District of Delaware
July 15, 2017 (Approx) - A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California
September 15, 2017 (Approx) A jury trial is scheduled in Signal v. 1 of 10 named defendants in the United States District Court for the Central District of California