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12/01/2020 Motion to Withdraw as Counsel
Judicial Officer
Miley, Stefany
Hearing Time
9:30 AM
Comment
Motion to Withdraw as Counsel for Emergent LLC and to Adjudicate Attorneys' Lien Pursuant to NRS 18.015 and to Reduce Attorneys' Lien to Judgment
https://www.clarkcountycourts.us/Portal/Case/CaseDetail?eid=nA4VW1hZ_jYoNRWx6FIomw2&tabIndex=3
What Is Patent Licensing? Patent Licensing refers to the act of assigning the ownership of a patent to a third party such that s/he can make, use, and sell your invention either exclusively or non-exclusively, for an amount of pre-decided royalties
Fact: If Steve was able to take control of Eegi like Shrk or Dkmr we all would be millionaires.
LFC 30: BORN TO BE WILD
EVENT WILL BE RE-BROADCAST ON NBC SPORTS THEN AVAILABLE FOR PURCHASE SHORTLY AFTER. PLEASE CHECK BACK SOON!
LFC30: Born To Be Wild
LFC30: BORN TO BE WILD
Aug 11, 2020 6:00 pm PT
Sturgis Buffalo Chip
Sturgis, SD USA
I was thinking the X League has more exposure than LFC, is better managed, is televised weekly, has more events, etc.
Plus the X League is a private company it could become public if it merged with LFC.
Also, it could be 2 separate events at one show.
The girls wouldn't have to cross over.
First you watch a Football game and after a Fight!!!
Buckcherry – Tuesday, Aug. 11, 2020
If you are lookin’ to get “Lit Up” this summer, then get ready for Buckcherry to blast its way back into the Buffalo Chip concert lineup during the 2020 Sturgis Motorcycle Rally. These seductively slithering rockers will be coming at you with the crushing chords and familiar refrains of songs like “Crazy Bitch”, as well as tracks from their 2019 album “Warpaint” when they take to the Wolfman Jack Stage on Tuesday, Aug. 11.
Reserve Now!
Lingerie Fighting Championships – Tuesday, August 11, 2020
No-holds-barred wrestling madness meets lacy, racy lingerie when the ladies from the Lingerie Fighting Championships square off at the Best Party Anywhere®. Get ready for "A Little Bit of Wrestling, A Little Bit of Clothing" and a whole lotta mayhem as fighters like Tomiko “The Temptress” Tajima and Jenny “Bloody” Valentine throw vicious strikes, clamor for submission holds and generally knock the crap out of each other wearing nothing but gloves and some skimpy lingerie.
Reserve Now!
Tweets & replies
Media
Likes
Canna Development Corp $ICTY’s Tweets
Canna Development Corp $ICTY
@CannaDevCo
·
4m
Negotiations to cancel over 500 million shares nearing finalization. Updates to follow. $ICTY #ShareholderValue #PriorityOne #AntiDilution
Vooshaco.com is now Vooshperformance.com.
I called the number on the website under contact,(877)850-9466.
I got a female recording on the line saying "Please hold on, we'll be with you shortly" But it kept looping back and repeating.
So, I found this other number under Pricing,(888)779-6067
A live person actually answered the phone!!!
So,he answered the phone his is Web Ad Blocker.
I asked him is this the Voosh Performance software and he said "yes, we've been selling it for six months".
So, he transferred me over to a different representative because I'm asking him questions about Ambicom.
So, I'm transferred over to technical support, that person answered the phone like this "Hello Defender" something, something". I'm not sure what he said.
So, it seems that Vooshaco is now Vooshperformance being licensed as Web Ad Blocker and Defender. Either at 2 companies or 1 company with 2 products.
How this helps investors at Ambicom???
I'm not sure???
Lingerie Fighting Promotion Eyeing Up Female Boxer Ewa Brodnicka After Weigh-in Kiss
SPORT
15:04 10.10.2019
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If the Lingerie Fighting Championship did not exist, men would have to invent it. Fortunately for the fans of lingerie and mixed martial arts, the promotion does exist – and wants to strengthen its ranks with a boxing champ.
The Lingerie Fighting Championship (LFC), the world’s top underpants MMA league, has its sights on acquiring Polish world champion boxer Ewa Brodnicka after she kissed her challenger at a weigh-in, prompting a catfight.
“Brodnicka would be an awesome addition to LFC,” promotion chief Shaun Donnelly has said.
LFC fighters – who the promotion says are “some of the sexiest women in the world fighting in MMA” – exclusively wear underwear and lingerie in the octagon.
Brodnicka would likely fit in the league’s unfettered spirit with her choice of outfits. The 35-year-old wore nothing but Victoria Secret underwear for a weigh-in ahead of a WBO world title fight in Poland against Argentine Edith Soledad Matthysse last week.
During a traditional intense face-off, Brodnicka attempted to heat it up a little and planted her lips on her rival, who slapped her in the face in response.
Brodnicka, a WBO female super featherweight champion, later retained her title, beating Matthysse in a split decision. It remains to be seen whether she would like to trade her undefeated run (18-0) for a stint in the lesser-known LFC.
https://sptnkne.ws/9ZEG
Well,it doesn't look good with this recent 8k filing.
Steve Smith didn't file it and looks like he is not the CEO anymore?
Also, Steve Smith updated his profile on LinkedIn....It does not show him being
CEO at Influential Media Holdings, Inc (EEGI).
IMO...Not a good sign??
So the information in 8k's and 10q's are verified???
Really???
Wow!!!
Sorry, you are mistake and we're fooled. You forgot to read the Disclaimer about
"Going Concern".
Also the Disclaimer about "Forward
Thinking Statements"
These Disclaimers are in just about all 8k's and 10q's.
Kevin is still alive???!!!
Update:
Please explain to me how Miro owns shares??
EEGI is issuing the shares to Emry Capital.
Emry Capital is filing.
Miro is the President of EEGI.
Did I miss something??
Ambicom Holdings, Inc. v. PC Drivers Headquarters, LP et al
Texas Western District Court
Judge: Lee Yeakel
Case #: 1:17-cv-00204
Nature of Suit 150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause 12:1441(a) Breach of Contract
Case Filed: Mar 06, 2017
Docket
Parties (6)
Docket last updated: 9 hours ago
Thursday, February 08, 2018
31 misc Stipulation of Dismissal Thu 10:53 AM
STIPULATION of Dismissal with prejudice by Ambicom Holdings, Inc.. (Hunt, Richard)
New Tweet from Steve
Steve A. Smith Jr.
@SteveASmithJr
·
3h
I have joined America’s Investment Company as a Partner, we’re seeking 100 new app’s to fund in 2018...submit on our site -> (link: http://americasinvestment.co) americasinvestment.co
Wednesday, January 31, 2018
30 adr Agreed Selection of Neutral Wed 10:17 AM
Agreed Selection of Tom Collins as Neutral, filed by PC Drivers Headquarters I, Inc., PC Drivers Headquarters, LP.(Brooks, Marcus)
On January 25, 2018, Bravatek Solutions, Inc. (the “Company”) entered into a Joint Venture Agreement (the “Agreement”) with AmbiCom Holdings, Inc., a Nevada corporation (“AmbiCom”), effective January 24, 2018, pursuant to which (1) the parties will form a joint venture limited liability company in Delaware to develop, market and sell products, services and technology based on a private branded Active Optimization software application based on the Veloxum software (the “System”); (2) the joint venture will be owned 51% by the Company and 49% by AmbiCom; (3) the Company will fund $30,000 in initial capital to the joint venture; and (4) the joint venture will have an irrevocable royalty-free worldwide license to the System and related intellectual property.
Sorry, a Joint Venture is not an Acquistion.
They are forming a new separate company, licensing agreement to package Encrypt and Veluxom with Bravatek getting 51% ownership.
This means nothing for current Ambicom Share holders.
The company will be trading on the greys until at least February 12 no matter what.
That is when they have their pretrial hearing via conference call.
The company has 10 days to send an Answer to the 10 day trading suspension.
Then a hearing will be scheduled within 30 days after their response.
The information is explained here in section IV:
Admin Proceeding:
https://www.sec.gov/litigation/admin/2018/34-82507.pdf
What happens when the ten-day
suspension period ends?
The SEC will not comment publicly on the status
of a company when the ten-day suspension period
ends because the company may still have serious legal
problems. For instance, the SEC may continue to
investigate a company to determine whether it has
defrauded investors. The public would not know if
the SEC is continuing its investigation unless the SEC
publicly announces an enforcement action against the
company.
Furthermore, when an SEC trading suspension ends,
a broker-dealer generally may not solicit investors
to buy or sell the previously-suspended over-the-
counter (“OTC”) stock until certain requirements
are met. Before soliciting quotations or resuming
quotations in an OTC stock that has been subject
to a trading suspension, a broker-dealer must file a
Form 211 with the Financial Industry Regulatory
Authority (“FINRA”) representing that it has satisfied
all applicable requirements, including those of Rule
15c2-11 and FINRA Rule 6432.
Among other things, Rule 15c2-11 requires broker-
dealers to review and maintain certain documents and
information about the company, including in certain
cases:
1. the company’s state of organization, business line,
and names of certain control affiliates;
2. the title and class of the securities outstanding; and
3. the company’s most recent balance sheet and its
profit and loss and retained earnings statement.
No broker-dealer may solicit or recommend that
an investor buy an OTC stock that has been subject
to a trading suspension unless and until FINRA
has approved a Form 211 relating to the stock. If
there are continuing regulatory concerns about
the company, its disclosures, or other factors, such
as a pending regulatory investigation, a Form 211
application may not be approved.
However, limited or “unsolicited” trading can occur
in an OTC stock that has been subject to a trading
suspension after the suspension ends but before a Form
211 is approved. This may allow investors to trade
the stock when a broker or adviser has not solicited
or recommended such a transaction. Even though such
trading is allowed, it can be very risky for investors without
current and reliable information about the company.
Will trading automatically resume after
ten days?
It depends on the market where the stock trades.
Different rules apply in different markets.
For stocks that quote in the OTC market (which
includes stocks quoted on the Bulletin Board and
OTC Link (f/k/a Pink Sheets)), quoting does not
automatically resume when a ten-day suspension
ends. Before OTC stock quoting can resume after a
suspension period, SEC regulations require a broker-
dealer to review specific information about the
company in accordance with Exchange Act Rule
15c2-11 and FINRA Rule 6432. If a broker-dealer
does not have confidence that a company’s financial
statements are reasonably current and accurate in all
material respects, especially in light of the questions
that may have been raised by the SEC suspension
action, then a broker-dealer may not publish a quote
for the company’s stock. The OTC markets function
through dealer systems where only broker-dealers may
quote and facilitate trading in OTC stocks.
In contrast to stocks that trade in the OTC market,
stocks that trade on an exchange resume trading as
soon as an SEC suspension ends.
Will trading automatically resume after ten days? It depends on the market where the stock trades. Different rules apply in different markets. For stocks that quote in the OTC market (which includes stocks quoted on the Bulletin Board and OTC Link (f/k/a Pink Sheets)), quoting does not automatically resume when a ten-day suspension ends. Before OTC stock quoting can resume after a suspension period, SEC regulations require a brokerdealer to review specific information about the company in accordance with Exchange Act Rule 15c2-11 and FINRA Rule 6432. If a broker-dealer does not have confidence that a company’s financial statements are reasonably current and accurate in all material respects, especially in light of the questions that may have been raised by the SEC suspension action, then a broker-dealer may not publish a quote for the company’s stock. The OTC markets function through dealer systems where only broker-dealers may quote and facilitate trading in OTC stocks. In contrast to stocks that trade in the OTC market, stocks that trade on an exchange resume trading as soon as an SEC suspension ends.
Thursday, January 11, 2018
27 order Order Setting Hearing on Motion Thu 4:39 PM
ORDER Setting Hearing on Plaintiff's24 Opposed MOTION to Compel: Motion Hearing for 2/5/2018 at 03:00 PM before Judge Mark Lane. Signed by Judge Mark Lane. (klw)
Tuesday, January 09, 2018
26 respm Response to Motion Tue 5:28 PM
RESPONSE to Motion, filed by PC Drivers Headquarters I, Inc., PC Drivers Headquarters, LP, re24 Opposed MOTION to Compel filed by Plaintiff Ambicom Holdings, Inc.(Brooks, Marcus)
Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit B-1,
Att: 4 Exhibit Exhibit B-2,
Att: 5 Exhibit Exhibit B-3,
Att: 6 Exhibit Exhibit B-4,
Att: 7 Exhibit Exhibit B-5,
Att: 8 Proposed Order Proposed Order
Monday, January 08, 2018
25 1 pgs order Order Referring Motion Mon 12:16 PM
ORDER REFERRING MOTION:24 Opposed MOTION to Compel filed by Ambicom Holdings, Inc. Signed by Judge Lee Yeakel. Referral Magistrate Judge: Mark Lane. (klw)
Monday, January 01, 2018
24 motion Compel Mon 8:26 AM
Opposed MOTION to Compel by Ambicom Holdings, Inc..(Hunt, Richard)
Att: 1 Exhibit Interrogatories to Defendants,
Att: 2 Exhibit Response to Interrogatories,
Att: 3 Exhibit Letter from counsel,
Att: 4 Exhibit Defendants EULA version 1,
Att: 5 Exhibit Defendants EULA version 2,
Att: 6 Proposed Order Proposed Order
What is White Paper?
What is a 'White Paper'
A white paper is an informational document, issued by a company or not-for-profit organization, to promote or highlight the features of a solution, product, or service. White papers are sales and marketing documents, used to entice or persuade potential customers to learn more about or purchase a particular product, service, technology or methodology. White papers are designed to be used as a marketing tool before a sale, and not as a user manual or other technical document developed to provide support to the user after making a purchase.
Read more: White Paper https://www.investopedia.com/terms/w/whitepaper.asp#ixzz521Ic7v4N
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That was a Video to MP3 to Txt Transscriber. That's the way Kevin talked with his pauses in speech and word misinterpretations by the Transscribers.
Good afternoon this is Kevin Cornell and I thought I'd give an update on this status of Ambicom for the investors people have been very good with us and hang with us this year I thought it give you to tell you what's going on and how we've ended up at the end of twenty seventeen. I won't go through all the slides reading them there are some of what I haven't bored from earlier slides but I do want to make sure that you understand the high points of the focus and the progress that was made in bringing become back to a functioning company as you know we were able to save the last of the patent and we were able to pull the operating company into and become to make it into a fully functional company so the goals that I set down Q one which was just coming to an end right now it's our first quarter to get the filings current and resolve the debt loads established by previous administrations those are combined anyone who knows how to manage a business understands those things go in combination so the S.E.C. filings are at the lawyers and the accountants working through the system I had hoped they were getting done by the end of twenty seventeen but looks like it's going to slip into beginning of twenty eighteen as well working with some. Investment companies specifically two very very good ones that have been very supportive of our actions carebourn capital and more capital and they're looking to resolve the debt loads and least give us some breathing room to bring the company back into more stores a stronger position so we don't have to address those right now let's get the company functioning again and have a little more resources so we can do that that's going along very very well the other thing was to open up two markets which we've done to say a marketplace and the E.P.A.'s both of which are huge markets for us and then the other things are going to talk about the other areas because the other areas in detail are the operating side of the company has one thing to have a structure. You have that solid as a public company we're working on that something has reduce debt but there's something completely different to bring an operating company into revenue streams a customer bases and have a strong competitive product and that's what I want to talk about too and this is not just of sort of a feel good presentation I understand the publication of running a public company and we are definitely addressing those at the top of the list but I also understand that the what it takes to make a company profitable growth oriented and something that people look at as a very strong corporation so I would talk about that because the that's we're moving into that mode so let's talk about the beginning of twenty seventeen this is a situation was left by John Hwang the previous C.E.O. of the company we had a data center that we had all our software him that's our computers that's the runtime software and that's a secure location for source code so the entire assets of the company and those that software was covered by our patent at the end of at the beginning of the year that data center been given to P.C. drivers and then both parties are abandoned so the software that was there the equipment that was there all the runtime environment that at that point was addressing over four million customers and points was left and it was a band and the people at the data center told her server actually took that direct it and just pile in the corner that was the end of the whole data center running the source cord repository that is the actual source code that's three hundred fifty thousand lines of people one C. Plus plus code fully debugged fully functions and hard and was stored in a locker somewhere in Sunnyvale the runtime environment all the customers didn't save three of them had moved on the company was heavily in debt especially with convertible note carriers there was no office. There was no staff and there was no unencumbered assets that means the only asset that the company still had was the patent and that was heavily encumbered that's the beginning of the year the task at hand was to reestablish the development team and data art so that all the development that was done to develop this code was done with the design coming from the lock some and am because but the actual coding itself was done by an outsourced company called Data art and we had a relationship with them going back a decade so we had to reestablish that the code that we're looking at is very specific code how it's designed how it runs so to bring someone up to speed is a pretty pretty daunting task the next is to reestablish that in New Jersey data center then also take that software put it up in the cloud so we can make it as an offering to our customers bring back the source code bring back the operating environment get us into sales and marketing and you probably have been following our lawsuits with P.C. drivers and the bottom line is when we generate revenue when we show that we're a viable business what will really come again value is the corporate value people will see this is something that they want to invest in and it is a viable company and the value of the company that is the stock value and the corporate value will go up let's let's step through these first number one who steps that the development team of data art has to say we've been dealing with them for quite a while if you go online and see the team you'll find.
Very very powerful companies it's based in New York it's got development sites all around the world in multiple countries it's got some very good benefits for us one is the people always that that they've been hired over there are top notch they're extremely sharp they deliver when they say they're going to deliver first contract we're doing with them is the updating of the integration with Qusay and that was started in November we got a five man development team and. Majority of them have worked up toys ace and soft ware since its inception so we have that that team back they were able to mount the source code in a development environment and have a real working prototype passing data and integrating with Cosette they were able to have that done in two weeks which is astounding when you think about it as I said it's a great relationship with them the other thing allows us to do is we can expand and contract as needed we don't have to worry about hiring firing bringing them on and H.R. and everything else plus my old partner and the architect for this product Michael is our is over at data art when all the things happen with he joined them as vice senior vice president of the telco division and that's who all the developers that we use report up to second thing that New Jersey data center that was abandoned where we're just you know walked away and abandon again thrown in the corner when I started I contacted the inner server people and purchased them and when and become purchased that was some of the assets that came in and with that acquisition so that includes all the servers the sand the software the working environment the everything we need for really top notch back up for the cloud environment we're going to be running and it's also good for running testing so when we do the E.P.A. The first thing we're going to be doing with them is to show the impact on their measurement techniques that a customer can use to search even some of the guidelines that they're going to be enforcing to large data centers that's our actual rock and that is our cloud putting things up in the cloud now everybody knows that the cloud is a data center somewhere that you can access. Things like a say and now have their application in the cloud what we do is we link to that application and by by doing so we link to their customer base that's in a V.M. Ware cloud it's a v Cloud account it's up and running we're actually using it for demonstrations and reusing it to support. Our trials and our sales right now and it it isn't a number of different locations so we can have some latency issues resolved by the physical location of where we've deployed it we can distribute the agents graph geographically so that we can we are close to whoever the customers that's running testing because we we do have latency issues based upon how we tune the network and that is resolved by the physical. Distribution of our agents themselves forth retrieving a source code an operating environment we have the source code in backup form now in secure locations and again and it's a it's a very substantial piece of software if you take a look at the valuation of three hundred fifty thousand lines of working code you're going to come to somewhere around ten to twelve million dollars worth of asset value in the code base itself it's fully debugged it's hard and it's a wonderful piece of software the other is now we're starting in sales and marketing and we hired our first salesperson senior individual by the name of Billy Ray stout He's coming up to speed using our sales force base and getting on the phones making contact again we sell to them is we say to an M.S.P. take a look at our soft it's going to tune your endpoints it's going to reduce your trouble tickets by about thirty five percent and specifically the trouble tickets were people phone up and say hey I got it it's right doesn't run very well is running slow you'll get rid of those and those are very tricky ones and very and they interrupt your day a lot so we'll get rid of those and that alone will pay for itself run it for thirty days in a thirty days if you don't want the contract to move forward we turn it off when we turn it off everything reverts to the old settings every single time we've done that they get a lot of phone calls we get in order let's talk about these lawsuits that the lawsuits these lawsuits are not cheap and they drag on you know we're going into oral arguments in February we have one of the lawsuits end of October we're taking depositions. Starting in January we've got experts that have to come in and give expert witnesses not cheap you know what I've done is. A number of different funders that will turn the funding into contingency non-recourse So the net do not get me wrong because own operations guy that I do not feel the push to get current and the debt negotiations tied up. That's a very active focus we're definitely working on that all aspects of the go to market strategy everything we need to get into the marketplace is up and running you know the source code the runtime the support the relationships everything we need is up and running and we're doing it and again we were pushing on that because the highest value that we're going to get for increasing corporate valuations and therefore stock value is going to come from revenue generation being a real company with real customers with a real product that people want people need and people pay for much looking forward to twenty eighteen so thank you everybody has a good Christmas and I look forward to a very productive twenty eighteen.
He says:
Investment Companies:
Carebourn Capital and Moore Capital
The history of Ambicom and PC Drivers:
There are actually three court cases PC drivers verse ambicom part 1 PC drivers verse ambicom part 2 ambicom vs PC drivers
PC drivers and ambicom when into a joint development licensing agreement. The agreement was to develop a product for tuning PCS not Enterprise. This was basically a add-on to PC drivers existing product call driver support.
PC drivers for ambicom part 1
PC drivers took ambicom to court for the failure to pay for the development of the product. The previous CEO John Hwang agreed to give the patent to PC drivers for failure to pay when talking with the lawyers. But on the day he was supposed to show up in court he never showed. So PC drivers won the court case by Default. The court awarded PC drivers the patent.
PC drivers verse ambicom part 2
Ambicom takes PC drivers to court to contest the decision by the judge that they lost the patent by default. Ambicom won the decision to get the patent back but had to pay PC drivers $350,000 for the development of the product.
Ambicom vs PC driver
Ambicom is suing PC drivers for commission and sales of the developed product which is driver support with the Veluxom add on.
The co developed product for tuning PCS.
On a side note the $350,000 was paid in court but ambicom might owe that money to an investor or someone or Institution
riday, December 15, 2017
23 trial Witness/Exhibit/Expert List Fri 6:30 PM
WITNESS/EXHIBIT/EXPERT LIST by Ambicom Holdings, Inc. . (Hunt, Richard)
22 trial Witness/Exhibit/Expert List Fri 4:22 PM
WITNESS/EXHIBIT/EXPERT LIST by PC Drivers Headquarters I, Inc., PC Drivers Headquarters, LP .(Schumacher, Andrew)
Att: 1 Exhibit A
Monday, November 06, 2017
21 motion Protective Order Mon 1:06 PM
Agreed MOTION for Protective Order by PC Drivers Headquarters I, Inc., PC Drivers Headquarters, LP.(Schumacher, Andrew)
Att: 1 Exhibit A
When Alain and Kevin took over the company back in March 20017 the Share Structure was at:
Authorized Shares 2,700,000,000
Outstanding Shares 1,200,000,000
The Outstanding Share Count has almost increased by 1,000,000,000.
Which leaves a little more than 500,000,000.
IMO it cutting it a little close for comfort???!!!
ABHI Security Details
Share Structure
Market Value1 $2,113,467 a/o Dec 01, 2017
Authorized Shares 2,700,000,000 a/o Dec 01, 2017
Outstanding Shares 2,163,500,196 a/o Dec 01, 2017
-Restricted Not Available
-Unrestricted Not Available
Held at DTC Not Available
Float 21,079,515 a/o Mar 31, 2016
Par Value 0.001
Transfer Agent(s) Verified by Transfer Agent
VStock Transfer LLC
Shareholders
Shareholders of Record 94 a/o Mar 31, 2016
He never did a reverse split, that was a forward split.
Effective on or about November 25, 2015, the Company's new ticker symbol for its shares of common stock quoted on the OTCQB, in connection with its change of name to SharkReach, Inc. will be SHRK.
On October 21, 2015, the Company filed, with the Secretary of State of the State of Nevada, a Certificate of Change, effecting a one-for-eighty-three (1:83) forward split of the Company's issued and outstanding shares of common. The forward split took effect on the OTCQB on November 5, 2015.
IMO the clue is on his twitter page:
Influential Media Holdings is the new name of EEGI.
Steve A. Smith Jr.
@SteveASmithJr
CEO at Influential Media Holdings, Inc (EEGI) - steve@InfluentialMediaHoldings.com
West Hollywood, CAInfluentialMediaHoldings.com
Tuesday, October 03, 2017
19 minutes Pretrial Conference Tue 3:32 PM
Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference in Chambers held on 10/3/2017 (Minute entry documents are not available electronically). (Court Reporter Arlinda Rodriguez)(jf)
18 order Scheduling Order Tue 3:31 PM
SCHEDULING ORDER: Final Pretrial Conference set for 9/26/2018 at 10:00 AM before Judge Lee Yeakel and bench trial in the month of October 2018, ADR Report Deadline due by 2/2/2018, Discovery due by 2/28/2018, Motions due by 3/12/2018. Signed by Judge Lee Yeakel. (jf)
3
course of business without AmbiCom’s consent. Pursuant to section 4(e) of the JDLA, the foregoing
Licenses further automatically extend to any additional patent rights and/or proprietary know-how or
technical information necessary or useful for the commercialization of Products in the Consumer Market
over which AmbiCom or its Affiliates obtain Control. The foregoing Licenses further are coupled with a
binding covenant not to license or use under section 6(b) of the JDLA, with respect to PC Drivers’
exclusive rights, under which AmbiCom covenants that it shall not, and it shall not grant a license or
otherwise permit others to, exercise any rights in and to the AmbiCom Patent Rights, Software,
Inventions, Technical Information, Joint Development Software and Joint Development Inventions or
otherwise sell, market or distribute any products or services covered by or related to any such intellectual
property in the Consumer Market to any person or entity, or otherwise enter into an agreement with any
third party to exercise any rights in and to any such intellectual property or to sell, market or distribute
any products or services covered by or related to any such intellectual property in the Consumer Market,
and any license granted in contravention of the above shall be null and void, and this binding covenant
not to license or use survives termination of the JDLA.
6. Pursuant to section 9(f) of the JDLA, all provisions, which by their nature are intended to or
enumerated to survive the termination of the JDLA, including without limitation confidentiality
obligations, covenants not to license or use, revenue sharing for Product sales outside the Consumer
Market and rights of last refusal, shall survive termination.
It is further ORDERED, ADJUDGED, AND DECREED that that PC Drivers is granted judgment
against AmbiCom in the amount of $318,518.98, plus post-judgment interest at the rate of 0.63% per
annum and all writs and processes necessary to enforce the judgment.
It is further ORDERED, ADJUDGED, AND DECREED that AmbiCom is hereby
PERMANENTLY ENJOINED from (i) removing the servers, Code-related assets, or any other property
from the Production Servers-Data Center; (ii) changing, deleting, suspending, de-activating, or in any way
directly or indirectly interfering with PC Drivers’ root access administration rights and passwords; (iii)
denying access to or suspending any service for the Production Servers-Data Center; or (iv) otherwise
Case 1:15-cv-01038-RP Document 15 Filed 04/19/16 Page 3 of 4
2
software revenue is recognized when earned rather than at the time of sale. PC Drivers’ calculation of Net
Revenue received for Sales of Products prior to the termination of the JDLA is appropriate. Under these
principles, no positive “Net Revenues” has been generated during PC Drivers and AmbiCom’s joint
business venture. The termination of the JDLA, by its express terms, only obligates PC Drivers to remit to
AmbiCom any payments of Net Revenue for the Sale of Products occurring prior to the occurrence of the
Release Event (and not thereafter). Accordingly, PC Drivers has no liability or accounting to AmbiCom
for any Net Revenue for the Sale of Products occurring prior to the occurrence of any Release Event and
after the termination of the JDLA.
4. Pursuant to section 2(c)(i) of the JDLA, PC Drivers owns all right, title and interest in and to the
Joint Assets (including without limitation all Joint Development Software and Joint Development
Inventions) and all intellectual property rights related thereto under the JDLA, and all applications and
registrations therefor, and PC Drivers is an author of all copyrighted works of authorship related to the
Joint Assets.
5. Pursuant to section 4(a) of the JDLA, PC Drivers holds (i) a world-wide, transferable,
sublicensable, right to copy, reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform and use the Software (including any and all updates, upgrades, bug fixes and any new
releases of the Code related thereto) stand alone or in conjunction with the Joint Development Software in
the Consumer Market; (ii) a world-wide, fully paid, royalty-free, transferable, sublicensable, right to
make, have made, sell, offer for sale, import, export and practice the Inventions to the extent used with or
embodied within the Software and/or the Joint Development Software under and to the extent of
AmbiCom Patent Rights; and (iii) a world-wide, fully paid, royalty-free, transferable, sublicensable, right
to use, practice and disclose the Technical Information embodied in or used in conjunction with the
Software and Inventions and the Joint Development Software and Joint Development Inventions.
Pursuant to section 4(a) of the JDLA, the foregoing Licenses are exclusive, irrevocable, and perpetual
with respect to all applications in the Consumer Market. Pursuant to section 4(b) of the JDLA, PC Drivers
has the right to sublicense any of the rights granted under the Licenses to sublicensees in the ordinary
Case 1:15-cv-01038-RP Document 15 Filed 04/19/16 Page 2 of 4
1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
PC DRIVERS HEADQUARTERS, LP, §
§
Plaintiff, §
§
v. § 1:15-CV-1038
§
AMBICOM HOLDINGS, INC., §
§
Defendant. §
FINAL DEFAULT JUDGMENT
Before the Court is the above entitled cause of action. On this day, the Court considered Plaintiff’s
Motion for Final Default Judgment, filed January 29, 2016 (Dkt. 13) and entered an order granting the
motion in part. Accordingly, the Court renders the following Final Judgment pursuant to Federal Rule of
Civil Procedure 58.
It is hereby ORDERED, ADJUDGED, AND DECREED that final judgment is entered by default,
in in favor of Plaintiff, and the Court DECLARES as follows:
1. AmbiCom materially breached the Joint Development and License Agreement dated September
17, 2014, as amended, executed by AmbiCom and PC Drivers (the “JDLA”). All material breaches were
not timely cured by AmbiCom. A copy of the JDLA is attached to this Judgment as Exhibit 1, and certain
defined terms from the JDLA are utilized below.
2. PC Drivers properly terminated the JDLA, which termination was effective on November 18,
2015, after the occurrence of one or more Release Events under the JDLA, as adjudged in arbitration.
Pursuant to section 9(b) of the JDLA, PC Drivers is entitled to an orderly transition of services
contemplated by the JDLA from AmbiCom to PC Drivers (including the control and possession of the
production environment, software and equipment and all components of the Production Servers-Data
Center).
3. The GAAP rules regarding revenue recognition and deduction of marketing expenses apply to
determine “Net Revenues” as defined in the JDLA, and the GAAP rules state that subscription-based
Case 1:15-cv-01038-RP Document 15 Filed 04/19/16 Page 1 of 4