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Re: txgolf83 post# 56113

Monday, 03/19/2012 3:47:59 PM

Monday, March 19, 2012 3:47:59 PM

Post# of 60937
Great question txgolf.

HOT might start with Judge Laster's opinion, especially the top 1/3 of page-3 and the top 3/4 of page-14. Both passages are particularly damning and read like a roadmap for litigation.

The entire 41-page Defendants' Pre-Trial Brief is another source. It's like the pre-litigation discovery work is already done. The brief's "doctrine of unclean hands" aligns nicely with the "from his glass house" comment on page-8 of Laster's opinion.

HOT might copy (March 18th, 2009) Post#33088 and (December 30th, 2011) Post#53192.

HOT might pass the above information to the SEC as a good first step, which would make any subsequent civil litigation that much easier.

Plus, if one were to contact the SEC, one might point out that on the last day of trading, Tuesday March 13th, the trading volume hit 300,000 shares, which is pretty interesting given the last 3-months of daily volume averaged about 71,000 per day. The volume for the three days prior to March 13th were: 11,500 shares on Thursday March 8th, a measly 700 shares on Friday March 9th, and 30,000 shares on Monday March 12th. Hitting 300,000 shares on Tuesday March 13th is quite a jump, which is coincidentally the last day of trading. Maybe HOT could ask the SEC whether somebody in need of cash, say somebody still required to submit SEC Form 4's, might have had some inkling of when the last day of trading would be? Might tie in nicely with Laster's opinion.

By the way, kudos to litton on Post#47751 for seeing the future outcome as early as September 4th, 2011, before both the forum and the proxy vote: "The receiver would then have the power to ... liquidate the company, with the patent(s) being auctioned off to the highest bidder for pennies on the dollar (which Daic would probably win)." Yep, Daic is probably going to win the auction for pennies on the dollar.

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