Replies to post #7447 on Max Sound Corporation (MAXD)

[akika]

haha patience, ask them long timers who are now close to been mummified while waiting, funny.

[Urbanlegend]

What next big date should patience be looking for? The last wet spliff was 14 July.

[TopFemaleExec-2014]

Dear Board, Yahoo administrators pals of Max Sound --like to block me from even answering or posting. This is in reply today to Grant on Yahoo... -who gave a LINK TO THIS on yahoo. He asks why Max Sound doesn't post these kinds of actions anymore. --- You all know the answer. But you don't know how we won: there is a saying "truth is the daughter of TIME, truth will out." We weren't paid, we were ripped off, he forged documents, forged my signature by photographic lifting of my signature, greg halpern signature, and Paul Myers from buried but valid Representation Agreement:

no Patent litigation, no Vedanti Systems, no Patents -at all, No Licensing, No $3M cash, no 30M shares of debt stock --only Trade Secrets (means no patent infringement folks), and only Post Its Notes in the pleadings, within the claims of litigation: and no Vedanti.

Meaning: my newco to be --formed--to be formed for statute of limitation -we were talked into, including inhouse lawyer Jonathan Gelfand with me since 2001 December 14 when I signed Akin Gump LLP to write the Patent from our July concept.

So he and I were talked into "the statute of limitations" was 8/13/14 --based upon Greg argued (and he was correct): it's 'when you first knew" about Google using our trade secrets:

I formed VSL Communications Ltd (UK) June 12 2014, to co-sue with Adam Levitt of Grant & Eisenhofer and unsigned yet -with Adam -Max Sound.While Vedanti officers were busy selling Vedanti Systems. We could not allow it to be public, or engaged in litigation. Nobody could buy it. It was a hard sell for Greg to force me to the table. But I did, and with my strategic litigation plan after his badgering: Minewas $132 Billion -treble damages; with Post Its Notes seen on each page of Complaint. Google should settle. --that is not what Max Sound did. They buried the contract. We only found it 2016 after Contempt of Court -where Max officers perjury was rampant and deep: including 'vedandi contract 5/19/14 -bogus forged contract'. The rest is a history of Greg's making. And our wins, dozens of lawyers. While Max Sound's is free: his shareholders pay for the cash register. He pays lawyers. They are not contingency: and when they are? They get $4M Litigtion Funding -loans. As did Greg Halpern he admitted May 2015. We got zip. But won anyway. All the way through 2 rulings by Northern District Court; and through Mannheim, Germany--you read about yesterday from Life of Brian --who got it right; and we won Contempt of Court, even though the judge was hooked on the perjury salactious nature of Greg Halpern's false Affidavits; we won in Arbitration; we won Appeals Court: I filed Amicus Brief as Constance Nash to prove that the Declaration under Penalty of Perjury -was more than perjury by Greg Halpern: I couldn't have been at his home office signing another -forgery -to prove 1st forgery was a forgery: I was in Lake Tahoe, getting married, and in Yosemite, and without computer or anything

but a phone call while we're in Carson City Nv; came from Greg Halperh: 'hurry, hurry, I have my Investors here, they need an address for VSL Communications Ltd.' "I don't have one, we aren't formed yet. We aren't Delaware. But we don't have a foreign VSL Communications Ltd. He pressed, nobody will see it, my investors need it for the contract we're amending taking Delaware off of it, as you instructed, and removing Bob's name since he doesn't know technology." I give him a lawyer address.


-he writes a bait & switch contract we don't read, --very late-script memorized, my staff is there in office: Joe, Dillon, Bob, me, while Paul's husband, David, is in the car outside (he's with the Federal Reserve in San Diego, transferred from Colorado Springs; David, a smart, quiet, intelligent guy, hates anything to do with Greg Halpern and/or Max Sound antics, says David).

I sign ,it's 'aw shucks' Paul Myers, 3 hours late, arrives, ready to take away Source Code for lawyers to test then return'; 'just initial, David's in the car, you know he has no patience.' sign here. I do it. What's in the contract that we don't know? 'worldwide Exclusive Ownership--aka -Exclusive License', and lies about a VSL owning patents, he nick-names "ODT'.

Right afterwards, and I didn't even have a copy: Bob was instructed as part of the 'game plan script bait & switch' -Bob was to scan it and send right away to Greg, while David and I hurry back to Del Mar'. Bob turns it over, doesn't read it as Paul makes sure the deed is done, Bob scans and emails back to Greg Halpern: bingo. Then that Sunday May 25, 2014 documents is memorialized on Yahoo Financial.

Where our London based, successful Brit, --CEO Eric Van Der Kleij found it on Yahoo 5/28/14.Eric calls me, and then he flew to Greg and got him to remove all of lies -that were not in the 5/16/14 Trade Secrets -(and buried from us and SEC for years).

Greg smiled and said, 'all connie had to do was ask." I did. But Eric was powerful. Greg didn't remove most of the lies because he said "the SEC has been filed, I have to stick to the 5/25/14 (fraudulent) agreement.

The rest is history. We win.

But our company and it's no debt-valuable company --all are losses are massive: we never did get to monetize Vedanti Systems. The buyers who advertise as VLL now --but were in -and tecnically still bound by the terms --they breach, and I think they just thought lawyers could run a company like an knowledgeable entrepreneur can (mistake in judgment).

Thus Vedanti Systems Limited, 2017 July 19, 2017: has not monetized either. But they did join Max Sound in stock trading. They took at least 80M shares of MaxD. They might get something going in Germany, in a Netflix or a Google settlement. I wouldn't know except for what Rurouni tells the boards.

However, whatever is going on in Germany, since USA is in Appeal, as I said it would be in April 2014 if anybody with 1 patent was dumb enough and foolish enough to sue Google without Post Its Notes and for Patent Infringement; the patents can't be monetized.

Even though buyers TGO4 LLC, Delaware, for Vedanti Systems Limited ,in a joint venture of terms with Seller's Disclosure contract too; thus TGO4 LLC or VLL or Vedanti Systems as well as Max Sound who are said by MaxD to be "owners of the Vedanti 22 patents and inventios" all are bound by the terms of the 2 phase 11/17/15 & 3/17/16 sale contract.

That means Sellers are supposed to know what's going on in terms of revenue and contracts and losses, etc. Our patience ran out the minute TGO4 LLC said 'we have a $79.5M license discussion going on with Netflix and similar amount with Google: that was said to us Adelaide Australia with all 4 partners: 9/22/16. Plus, VLL-MaxD Joint announcement to the trade: Vedanti Licensing Limited and Max Sound are co-owners of the Vedanti Systems Patents.' Nobody knows for sure.

Constance Nash


December 18, 2015 15:46 ET

MAXD Lawsuit Update From CEO
SANTA MONICA, CA--(Marketwired - December 18, 2015) - Max Sound Corporation, (MAXD) provides an ongoing summary of its legal actions against Google and VSL.
Dear MAXD Shareholders,
Many of you have been inquiring about how the cases against Google are going. I'd like to take this opportunity to give you a brief description of where things stand and what we expect next.
First, let me start by refreshing your memory on what the lawsuits are about.

In 2014 Max Sound (MAXD) identified patented technology called "Optimized Data Transmission System and Method" that would complement our audio technologies and began negotiations with the owner of that technology, Vedanti Systems Limited, to acquire rights to the technology. In mid-2014, MAXD signed a Licensing and Representation Agreement (the "Licensing Agreement") with VSL Communications, a corporation created by Vedanti to transfer to MAXD the rights to the ODT Patents and related technology. VSL also granted MAXD the right to sue Google and its affiliates for their worldwide infringement of the ODT Patents, as discussed in our press release dated December 11, 2014 http://finance.yahoo.com/news/max-sound-corporation-files-multi-032500895.html In the fall of 2014, MAXD initiated patent infringement lawsuits against Google and its affiliates in the United States and Germany
Unfortunately, after Constance Nash, the CEO of VSL & Vedanti, signed the Licensing Agreement and MAXD paid the agreed upon compensation for the rights to the ODT technology, Nash decided not to honor the Licensing Agreement and began to take actions to undermine MAXD's efforts to enforce the rights to the ODT technology granted to it in the Licensing Agreement. As a result, MAXD was forced to initiate legal proceedings against VSL to protect its rights under the Licensing Agreement, while continuing to pursue claims against Google for infringement of the ODT Patents.
The Legal Team
As most of you are aware, MAXD has retained experienced legal counsel in the United States and Germany to enforce the ODT Patents against Google and its affiliates for their infringement of the patents. MAXD's attorneys in the United States agreed to handle the US lawsuit against Google on a contingency fee, reflecting their belief in the strength of MAXD's patent infringement claim. Together, we feel justice will be served, and MAXD and our Shareholders will prevail!
Legal advisors of MAXD in the United States: Grant & Eisenhofer P.A. www.gelaw.com, and Buether Joe & Carpenter, LLC www.bjciplaw.com.
Legal advisors of MAXD in Germany: Arnold Ruess, Dusseldorf http://www.arnold-ruess.com, and Wittmann Hernandez, Munich http://www.wh-ip.com.
As you are aware, in any legal proceedings, often much of the information surrounding the cases must remain confidential, but here is some information we're able to share with you on these lawsuits. Below are brief summaries for your consideration:
Northern District of California Action
On November 24, 2015 the Northern District Court granted Google's Motion to Dismiss based only on the issue of standing. Our legal team is confident that the Court improperly applied the standard applicable to a party claiming standing as a "virtual assignee" rather than the standard applicable to a party claiming standing as an "exclusive licensee" such as MAXD. This error resulted in a ripple effect of additional errors committed by the District Court resulting in the erroneous conclusion that MAXD lacked standing to sue the Google Defendants for infringement of the '339 Patent.
MAXD claims to have standing as the category of licensee -- an exclusive licensee with the exclusive right to enforce the '339 Patent against the Google Defendants but less than all substantial rights under the patent. The District Court, however, incorrectly analyzed MAXD's standing under the more restrictive "virtual assignee" standard. As the District Court stated, "'the party asserting that it has all substantial rights in the patent 'must produce . . . written instruments documenting the transfer of proprietary rights.'" Id. This requirement however, does not apply to an exclusive licensee, such as MAXD, who does not contend it has been granted "all substantial rights in the patent." Instead, the Federal Circuit has repeatedly held that a license may be written, verbal, or implied, and only if a party contends that it has standing because it holds a license qualifying as a "virtual assignment" must the license be in writing. Thus, contrary to the District Court's ruling, MAXD is not required to produce a written instrument signed by Vedanti documenting the transfer to it of rights to the '339 Patent in order to prove standing as an exclusive licensee. Instead, MAXD can show that it acquired the exclusive right to enforce the '339 Patent against the Google Defendants though an exclusive license, express or implied, based upon any form of evidence, written or verbal. The District Court committed reversible error by applying the wrong "virtual assignee" standard to determine if MAXD had exclusive licensee standing and then ruling that MAXD did not prove standing because "MAXD has not shown through written instruments that it received 'all substantial rights' to the '339 patent."
The record contains substantial evidence sufficient to show an express or implied exclusive license from Vedanti, through VSL, to MAXD to enforce the `339 Patent against the Google Defendants. The MAXD License itself expressly provides that MAXD has been granted the "Exclusive Right" to sue "pre-approved violators of VSL's intellectual property rights." The License identifies the patents entitled "Optimized Data Transmission System and Method" as among "VSL's intellectual property rights," and the '339 Patent is one these ODT patents. The undisputed evidence also shows that the Vedanti and VSL considered the Google Defendants to be "pre-approved violators" of the ODT patents.
Significantly, Google did not submit any evidence to rebut MAXD's showing that VSL was the agent or alter ego of Vedanti, and the District Court did not make any findings of fact inconsistent with this evidence. Indeed, the District Court's order completely ignored MAXD's evidence establishing that VSL entered into the MAXD License as the agent of Vedanti. Instead, the District Court only addressed the issue of whether VSL should be deemed the alter ego of Vedanti and improperly conflated the agency issue with the alter ego issue.
Finally, the District Court's ruling that the MAXD License did not transfer to MAXD any rights to the '339 Patent because "that the agreement does not reference the '339 patent anywhere in the document" is erroneous. The MAXD License grants MAXD the worldwide rights to intellectual property relating to technology called "Optimized Data Transmission System and Method" (the "ODT Technology")." The '339 Patent is entitled "Optimized Data Transmission System and Method" and, therefore, is included in the licensed ODT Technology. The patents rights granted to MAXD in the MAXD License are described in generic terms and apply to ALL of the Vedanti ODT Patents. Section 1.01(a) of the agreement provides that "VSL hereby grants MAXD the worldwide license to ODT Technology." Similarly, Section 1.03 of the agreement provides that "VSL is granting the Worldwide License to MAXD to VSL's ODT Technology for all fields of use." The ODT Technology includes the ODT Patents.
While preparing to file an appeal, MAXD is simultaneously seeking that the Superior Court compel the inventor and VSL to comply with the Licensing Agreement (see Superior Court heading below), which should give us the opportunity to restore the claim without an appeal.
German Court Action
On December 8, 2015 MAXD was apprised that the inventor and VSL had ignored the US Superior Court's December 4th Ruling, and through a new German attorney hired by VSL, Nash (inventor of the '339 Patent) made additional inaccurate, misleading and unlawful statement(s) to the court thereby tainting the proceedings. Therefore, after careful consideration, MAXD and its legal team decided to withdraw its German claim against Google and its affiliates, in order to protect our ODT patent rights in Germany from irreparable harm. One of the several strategies we are employing is to pursue our damage claims and legal recourse against VSL and Nash (see below).
American Arbitration Association Proceeding
In August 2015, MAXD initiated an arbitration proceeding before the American Arbitration Association to confirm the rights it was granted by VSL pursuant under the Licensing Agreement and to prevent VSL, Nash and related parties from interfering with those rights. On August 25, 2015, an Emergency Arbitrator issued an Emergency Preliminary Injunction Arbitration Award in favor of MAXD prohibiting VSL from 1) disavowing the validity of the Contract (with MAXD); 2) altering any corporate or other entities formed, owned or controlled by VSL that has any connection with the Contract; or 3) licensing, selling, assigning or transferring, any of the technology, patents, or intellectual property, connected to the Contract in any manner, and 4) is required to cooperate with the pending ODT enforcement litigation and fulfill its contractual obligations.
Superior Court Action
MAXD filed a petition in California Superior Court seeking confirmation of the Emergency Arbitration Award. On Friday December 4, 2015 a California Superior Court ruled in MAXD's favor and confirmed the Emergency Arbitration Award against VSL. VSL attempted to overturn the decision by the California Superior Court by seeking a Writ of Appeal from the California Court of Appeals on December 10, 2015. The Court of Appeals denied VSL's appeal on December 16, 2015.
Moving Forward
The Board of Directors and I are fully convinced that our legal strategies will confirm the Company's Rights to all ODT Patents worldwide (including the US '339 Patent) originally granted to MAXD under the License Agreement. MAXD will revisit pursuing enforcement of these rights in Europe after the MAXD completes enforcement of its rights confirmed by the Emergency Preliminary Injunction Arbitration Award in Superior Court. We anticipate full enforcement of the Emergency Preliminary Injunction Arbitration Award through the Superior Court, and believe this will have a positive effect on the issue of its standing to enforce the `339 patent against Google in Federal Court. Thereafter, we plan to license and/or enforce the ODT Patents pursuant to our rights with the substantial universe of companies infringing the ODT patents.
As always, I look forward to providing you with a full Company update in early January 2016. At that time I'll share information and share with you the progress made in 2015 and the outlook for 2016. Feel free to contact me anytime at [e-mail].
Happy Holidays & Best Wishes from all of us at MAXD.
JOHN BLAISURE
CEO MAXD Corporation

[Urbanlegend]

Hi WinnerSanctum, patience was wondering when the end of a little while longer is? Will the puppy run soon? In dog years?

So far, expectations around the 14th of July were dashed. The appeal date in the US is uncertain and there's no idea what is happening in Europe.

What's the next big event date we should be focusing on in your view?