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Re: Porgie Tirebiter post# 80295

Tuesday, 12/16/2008 1:18:50 AM

Tuesday, December 16, 2008 1:18:50 AM

Post# of 82595

"Porgie Tirebiter,"

Another alias, "UkiwiS," tried pushing that defective insinuation over on Google Finance's DNAG discussion forum.

Below are excerpts from what I posted, in that thread.

Link to the thread in question:
http://finance.google.com/group/google.finance.717321/browse_thread/thread/7dab037cf70a9e9b/5449091158956f8e?hl=en&lnk=gst

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The record shows the trademark abandonment date as September 12, 2006. This isn't recent news. And we know that DNAWitness has continued to be used, by law enforcement agencies, since then. The trademark status does not affect DNAPrint Genomics' ownership of the intellectual property, or of the product. It only pertains to the name. I suppose they have greater issues to worry about, more pressing ways to spend money. (We know they are in a difficult spot, with the financing issue.) If some other company wants to start using the name, "DNAWitness," that probably isn't a significant problem. The intellectual property, product, and relationships with customers, would still belong to DNAPrint Genomics.

Similarly, we know the corporate registration of DNAPrint Genomics lapsed for a few months, but that it was recently restored (the fee was paid.) This isn't end-of-the-world stuff. If there weren't issues, I certainly wouldn't be able to buy DNAG stock so cheaply, anyway. (In other words, OF COURSE there are issues.)

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The trademark only pertains to the name. Not the product, the intellectual property, or the relationships with customers. Look it up. Nobody should talk about trademarks and be ignorant of this basic consideration. If one trademark is abandoned, and another company happens to trademark that name, it is simple enough to just trademark a new name for the thing. Some trademarks are critical, of course, like "Coca Cola." That's quite different from the case of DNAWitness.

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[bleep] Please be specific, when you say, "The DNAWitness one is interesting because there is a pending application for DNAWitness tha is not in the name of DNAPrint." You do not identify the application in question, nor do you say whether it is a trademark application, or patent application. [bleep] [bleep]

If you are referring to patent application #20080027756, it clearly attributes DNAPrint Genomics.

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I don't have a definitive answer, for why they filed that patent application that way.

At least, in the body of the application, DNAPrint does appear. The parts that clearly attribute DNAPrint are:

"[0047] 3. Human eye color (developed by DNAPrint Genomics, Inc.);"

"[0051] 7. Determination of the origin of genetic ancestry by using a commercial product such as AncestrybyDNA, EURODNA or other similar or derivative products (developed by DNAPrint Genomics, Inc. or other companies, corporations, individuals, groups of individuals, entities or institutions)."

"[0082] We have also used the 176 AIM panel and DNAPrint admixture program to study intra-population distributions of admixture."

"Unfortunately, this has only been accomplished satisfactorily so for iris color (by DNAPrint laboratories, and Frudakis et al., 2003, supra) and to a lesser extent, variable skin pigmentation."

"DNAPrint has constructed one such database with IGAA estimates obtained from the 176 AIMs discussed herein."

"DNAPrint analyzed a sample common to several of the rape/murder scenes and determined the donor was a person of 85% sub-Saharan African/15% Native or Indigenous American mix, and more importantly, likely to express a darker skin shade with other overtly African characteristics (FIG. 11)."

In my opinion, this patent application is obviously for a derivative work, largely based on DNAPrint Genomics' intellectual property. The applicants made no attempt to hide that connection, in the body of the application.

Just a guess, but perhaps this application was filed differently (DNAPrint Genomics not listed among the inventors/applicants,) partly due to the restructuring that was attempted. (Funding was sought, that would permit a spinoff of the pharma side of things, etc.) Related to the attempted spinoff, you can see that three corporate names were created, in Florida, but have since become inactive:

http://www.sunbiz.org/index.html

(Search for DNAPrint)

DNAPRINT FORENSICS, INC. P07000124657 INACT/UA
DNAPRINT GENOMICS, INC. P00000047905 INACT/UA
DNAPRINT PHARMACEUTICALS, INC. P05000136869 INACT/UA

As I have previously mentioned, the corporate registration in Utah was renewed (after it had lapsed for some months,) so the original corporation, DNAPrint Genomics, Inc., still exists.

As Investor Relations consistently reports, in email responses, they continue to seek funding. A great deal depends on that. I'm optimistic about what could occur with the right funding. My opinion only, of course.

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Daniel Gannon
Portland, Oregon, USA