Effective Control Transport Inc. (fka EFFC)

[invenstor]

Rosebud05 -

I am not certain on this matter. I am an inventor, not a patent attorney. While one can't help but learn some patent law in the process of getting patents, I rely upon my patent attorney to deal with the intricacies of patent law which is complex, and in the US, changing. In addition, we are dealing with Ontario and WIPO. I have no experience with Ontario. Given these disclaimers:

1. It looks like PCT claims have been granted.

2. I would expect that Bruno assigned at least the non-US rights to BCST. Thus, the answer to your direct question is "no", I doubt that Bruno could just withdraw the application and run elsewhere with it - assuming that BCST has lived up to their requirements under their contract. However, if BCST has not lived up to the terms of their agreement, Bruno may now own all rights to all patent applications and any patents that result therefrom. BCST's failure could have occurred before MCCY came along and no one cared (but also never fixed it).

3. It is quite possible that a hypothetical SDS II could be beyond the scope of Bruno's agreement with BCST.

The bottom line for me is that Bruno knows much more about all of this than we do and he appears to be in MCCY's camp. As such, I presume that MCCY has the upper hand here.