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StockAlphaDave

12/21/16 1:38 AM

#24260 RE: DataStream #24258

I would agree with you and I hold a sizable position as well

While I am not enamored by the PR I do accept the following

1. Most importantly - we have 6 claims through the PTAB - people are clearly forgetting or underestimating this, or are just 'traders' and hoped for a pop that didn't happen.

2. Kidrin and Susman are the largest investors and have the most to win and lose here, they made the call to continue to the CAFC because they clearly believe that they can win more claims back, not because they are 'gambling'. (not to mention the real part in interest issue). Kidrin has devoted almost a decade to this taking 150k a year folks, you tell me he's not committed? I am sure he could have made more doing something else. Susman is doing this on contingency.

3. Alot of people here claim to be "long term investors" but given their posts and likely their trading here over the lasts few days, I suspect that not to be the case, as I see alot of irrationality and panic for something that really isn't panic worthy. Sucks yes but a reality we have to face if we agree with Kidrin and Susman and their view on the true validity of the patents

4. Let's also recall that the CAFC won't be able to kill the existing claims on "Alice/101". One should read up on this if they are not sure. The concerns of Wallach and Mayer while they are fishy are over estimated here. These are very different patents than VRNG - let's not make up imaginary threats for the sake of it. If that was a material risk, going to the CAFC would be a gamble, and Susman wouldn't even consider it given what they have invested here. However, I suggest people read up on the 2 part test etc and recent rulings by the CAFC on software patents if they fear that the last 6 claims will be killed.

5. We are in a VERY STRONG position folks, the warrant holders clearly paid and TOOK THE RISK to get us through the ptab. They are effectively owed for taking that large risk for us. I now recognize that after being a bit perturbed. Without that funding we were dead in the water. I can understand that they want to get paid for taking THAT risk. Now we go to the next step.

6. Do I care if we have 250 mil shares vs 215 mil if we win 500 mil from ATVI? NO

7. If someone cares that its trading at .025 cents vs 0.4 cents and they say they weren't going to sell when/if it hit 8 cents because they are long term holders yet panic like they are now and sell or complain? I would suggest they are not long term holders.

Add shares, sock it away and come back in a few months