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Real McCoy

05/24/21 4:50 PM

#115670 RE: Lucky77Dice #115669

Bioamber will never receive a penny for these weird “components”. If they were, that would have been stated before the bankruptcy closed as to the additional available cash flow.

What a weird line of questioning...
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trader59

05/24/21 6:14 PM

#115676 RE: Lucky77Dice #115669

Let's get specific. In the 6th monitor's report copy of the APA, there are 19 pages of patents sold in the liquidation, beginning on page 77. There were no "components" of the plant or of the IP that were not sold in the liquidation:

https://www.pwc.com/ca/en/car/bioamber/assets2/bioamber-043_120718.pdf

The only piece of the "recipe" that LCYB didn't "buy" was in the STA agreement with Reverdia. They asked the monitor to have that agreement assigned to them for the price of the back-royalty payments of $408k, in fact, the "essential" thing is stated on page 4 of this motiont he monitor prepared to transfer the agreement:

https://www.pwc.com/ca/en/car/bioamber/assets/bioamber-033_092418.pdf

Later they chose not to have that agreement assigned, and that motion was never acted upon by the court. Thing is, that wasn't BioAmber's process, it belonged to Reverdia, and anybody could reach out to them and make their own agreement and not owe those royalty payments. I've seen on here that Reverdia no longer exists, too.

Here's that agreement with Reverdia:

https://www.sec.gov/Archives/edgar/data/1534287/000156459016014867/bioa-ex1061_303.htm

And here's an excerpt:

(C)BioAmber has indicated that it is not infringing the Patents on the Biosuccinium™ Technology and that it has freedom to operate with its own technology and the Cargill technology. However, BioAmber communicated an intention to file an opposition against certain of the Patents;

(D) BioAmber wishes to avoid eventual legal fees and uncertainty associated with possible litigation with Reverdia and desires to acquire access to the Biosuccinium™ Technology. To this end, the Parties entered into a binding Term Sheet on 2 June 2015. The terms and conditions are now set forth in this Agreement;



So, even BioAmber didn't think they were infringing on Reverdia's patents, but chose to pay royalties anyway to avoid arguing about it in court.

From this we can conclude either LCYB made their own deal with Reverdia (or whoever owns that patent now), LCYB decided to let Reverdia try and sue them, or LCYB has their own processes. It is one of those 3, as they could have had the agreement assigned to them for a little over $400k.

Now, this is the only process thing mentioned that LCYB did not buy. Time for specifics if there's going to be a claim that it is something else, a direct link to the process/recipe that is being referred to.

Got anything else, or just the same claim once again?