Don't believe Mark Smith would be involved at all in the transaction unless, he is entitled to a recurring revenue stream on whatever patents he owned and negotiated with UGSI. I would think any current/continuing involvement would have to be disclosed as part of the transaction.
I would also think if there were any patents in the first place, they would be nearing the point of expiration, if they haven't already lapsed. Of course there could have been an open-ended side agreement between UGSI and himself when he was taken out (forcibly relieved?) of his day-to-day involvement.
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