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cadillacdave

03/14/22 12:13 PM

#44132 RE: DataStream #44125

Obviously you are not a grifter. However, grifters are vague and don't provide details to keep their marks interested. You/WDDD could have provided a little bit more in terms of PR or about the plans moving forward. Thats all. A simple observation and yes my opinion.

I am hardly a Monday morning quarterback. I made quite a few predictions here and most them were accurate.

You say it's $1 million to defend an IPR. I did state you should know. However, my estimate came up as less, to do defend it.

I realize S&G is a patent firm on contingency. IPRs are a part of patent law. It was a question. If they have been here for 12 years and invested time and $$ pursuing patent enforcement here, why not go the extra step in TX? It is a legitimate question. It shows they don't have faith or confidence in the patents or the process, in the current landscape. In other words why let the case fold for an IPR? You may have had a different result in TX. Just my opinion.

I said nothing about threats of lawsuits against law firms for frivolous lawsuits, so I have no idea what you are referring to here.

You are correct that as a lay person and not an insider there is a lot that I am not privy to. I am not so self assured as you say. They are opinions, and in most cases I clearly state that I may not have all of the facts that you do, and have generally deferred to your decisions. As a shareholder, I do have a right to question what is going on and voice my opinions.

I also complimented your leadership on a number of occasions as navigating difficult financing and avoiding further dilution.

However, when things go wrong, we have a right to question where the break down was. I did not blame you for what happened here. A lot of moving parts, in the Courts, beyond your control. Your role was to guide the company toward a victory and give them the best chance at success. I think you did that, but do truly wonder if we may have had a different outcome if we went through TX.

cadillacdave

03/14/22 5:09 PM

#44151 RE: DataStream #44125

BTW, I looked online at costs to defend an IPR and the average is listed as $300K-$600K and others listed the cost as $100K-$700K So my "gut" seems to fall in the middle of that range.

Maybe you should shop around for a new firm to take on the IPR, in TX. The economy is going to crap. Maybe you find a patent firm that is hungry or willing to take a shot at it. Shop around. WDDD already went through an IPR. It's not re-inventing the wheel here (a lot of legal work is cut and paste-the same arguments over and over) A lot of the leg work is already completed. If you could get it done for $250K is it worth it?

TX is big on property rights. WDDD may have had a very different outcome. The CAFC simply reviews for errors. As long as Casper can legally justify her decision, then it stands. Same goes for TX. If the judge in TX ruled the patents pass the 101, as long as he can justify his decision, you would have a winner. These standards are not tangible and can't be measured. It seems an argument can be made in either direction, and in my opinion, the stronger argument is that the tech IS an inventive concept and can be patented, and therefore should pass the 101.

Give it some thought. You are a bright guy. Maybe it's worth a try? Kind of sad to come this far and not see it all the way through. Again, just my opinion.