Liquidmetal Technologies Inc (LQMT)

[Dell_Griffith]

You’re right, of course.

Litigation, current or pending, requires disclosure in the 10-Q or 10-K. It was never disclosed. And, yes, if the CEO “paid” it, which is a HUGE conflict of interest (think of the CEO paying legal fees of a publicly traded entity is ridiculous and why would they do that, unless they were culpable) and would NEVER happen, that would really put the CEO in hot water and, WITHOUT A DOUBT, require disclosure. It’s an absolutely ridiculous thought, but hey, if it’s in the financials, it’d be helpful to see that.

From the MTA, Apple is the “licensee.” This has already been covered ad nauseum.

CONFIDENTIAL

2.3
Enforcement of Rights. Licensor grants to Licensee the exclusive right for enforcement of the Intellectual Property Rights of the LMT Technology. Licensee shall pay all fees associated with the enforcement of Intellectual Property Rights. Licensee may have the right to take reasonable steps to enforce such Intellectual Property Rights against any infringement of such Intellectual Property Rights. Licensee may: (a) bring actions for enforcement in its own name (where allowed by law), and (b) have unrestricted right to choose strategy and direct any enforcement action. Licensee has the sole and exclusive right to agree to settlement of the enforcement action. Licensee shall be entitled to any monetary recovery from such enforcement action whether from settlement, judgement or otherwise. Licensor shall assist Licensee in bringing an enforcement action, including, where necessary, executing whatever documents are necessary to afford to Licensee the opportunity to bring the action for enforcement. The Parties shall bear their own costs associated with any such enforcement action. In the event that Licensee cannot bring the enforcement action in Licensee’s name, Licensee has the right to either join the Licensor as a party in the enforcement action or to have the enforcement action brought in the name of the Licensor. In connection therewith, Licensee shall: i) have the unestricted right to choose strategy and direct of the enforcement action; ii) have the sole and exclusive right to agree to settlement of the enforcement action; and iii) be entitled to any monetary recovery from such enforcement action whether from settlement, judgment or otherwise. The Parties shall bear their own costs associated with such enforcement action, subject to, if the Licensee receives monetary recovery as a result of the enforcement action, the Licensee shall reimburse the Licensor for Licensor’s reasonable costs out of the monetary recovery. In the event that Licensee should decide not to enforce its rights related to the LMT Technology, then Licensee shall afford to Licensor the opportunity to bring an action for enforcement at its own cost and expense, and to choose strategy and direction of such an action, in which case Licensor shall be entitled to the entire monetary recovery. Notwithstanding the foregoing, either Party may be represented by counsel in any enforcement action, and shall bear its costs associated therewith; however, such costs (including counsel fees) shall not be reimbursable by the other Party, unless otherwise agreed by the Parties. In the event that any enforcement action involves products both inside and outside of the field of Consumer Electronic Products, then Licensor and Licensee shall cooperate in good faith to allocate the costs and recovery associated with such action in proportion to the relative value of the action to the parties.

Apple shall bear the cost of all patent prosecution and maintenance for inventions, current and future patent applications and patents included within the LMT Technology, including, without limitation, patent counsel legal fees and patent office fees and maintenance and annuity fees (collectively “Prosecution and Maintenance Costs”), provided, however, that that Apple shall not be responsible for any Prosecution and Maintenance Fees for patentable inventions as to which Apple has elected not to prosecute pursuant to Section 5(e) or patents or patent applications as to which Apple has elected not to maintain pursuant to Section 5(e), provided that Apple shall have first provided no less than thirty (30) days’ prior written notice of such election to LMT-SPE.

Time to go check to see if there’s anything with any shipping records…