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Re: litton51 post# 36415

Friday, 09/24/2010 12:28:56 PM

Friday, September 24, 2010 12:28:56 PM

Post# of 60937
Answers...

"1. If Daic has been selfishly depressing the stock for years, what reason would he have now to be reasonable/settle/go away? "

I'm not certain that Daic will choose to be reasonable, settle, or go away. Further, even were he to decide that would be useful for him, I'm not certain the company would agree to settle with him, rather than have their day in court.

I think it is more likely a settlement with Daic might occur following the news CLYW is talking with T-Mobile.

There are obvious reasons Daic might find that in his interest now, with are a couple of factors he will need to consider in deciding whether or not to accede to the company's demands for enabling a settlement. The primary driver is the very high probability that he will lose the lawsuit and in losing have a significantly greater penalty imposed on him than he might be able to negotiate with CLYW now. The many years during which he sought to control the company and disrupt its business were years in which the patents were not yet being widely infringed. Now, there are multitudes of infringers. That means CLYW has a growing list of infringers to go after seeking payments and licenses, each of which is building value in their illicit use of the patent, but it also means that the potential cost of the damages tied to Daic's continued interferences are growing right along with them. Finally, beyond money, there is a reasonable chance that one result of a civil trial could be that it might be followed by criminal charges. Stopping the process with a settlement before trial would likely be the best bet for avoiding those risks.

2. "Richard Pattin was ceo or president for several years. What happened to him and what effect did his tenure have on the company? "

Following the prior settlement attempt with Daic in 2008, Richard
Pattin was purposefully made the SOLE board member... giving him sole power and the unilateral ability to resolve the problem with ongoing Daic coercion and interference. Instead of solving the problem, he chose to cooperate with and enable Daic further, even knowing Daic's purpose was to suffocate the company and take the patents for himself. Eventually, shareholders took control of an expanded board of directors. In the end, Daic demanded Pattin, as President, accede to all of his demands, including that he required Pattin to sign documents which Pattin knew he was specifically denied the authority and power to sign by the board of directors. He signed them anyway, without authority to do so, surrendering ownership the patents to Daic. Daic "took" the patents, and then proceeded to try to "auction" off the patents in a sham sale attempt. Those events precipitated a series of legal actions in Federal court, appended to the T-Mobile lawsuit. After some early victories there, eventually, the Federal court action was bifurcated, with the T-Mobile suit continuing in Federal court, and the issues related to the dispute in CLYW vs.Daic moving to the Texas state courts.

The efforts made by Daic have followed a clear pattern, which includes efforts made to coerce cooperation from those who were properly unwilling to accede to his demands. While Pattin wrongly and knowingly acceded to Daic's demands, and although he knew his actions were invalid given a very specific LACK of authority to act as he did, it seems likely that Pattin, as others before him, acted as he did as a subject of Daic threats and intimidation.

Following the initial resolution of the current Daic trial, there likely will be a number of other legal issues for the company to address, including a number involving prior management, and the work that was done by outside service providers, etc.

JMHO






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