No, it doesn't. The company is being closed. The only things the receiver is allowed to do is to complete those actions already initiated by the company (i.e. the T-Mobile Suit), sell the remaining assets, settle its debts, and distribute what remains to the shareholder. He has no authority to initiate any new actions. You have not seen the Reciever go looking for licensing deals have you? That is because he cannot. He will not initiate any new suits and he will not initiate any licensing deals.
Based on the .01% transfer he has accepted the deal with Diac. We no longer own any other patents outside the US. Even if we did, we could not initiate a new suit there. We could only sell the patent.
The receiver is not free to do what he pleases. He is acting as an officer of the court under the court's direction. His authority goes as far as the court order grants him and the court order is very clear. The company is being close.
This is not a bankruptcy. We will not "come out the other side" of this. It is not about how much money the company has. It is about violations of law that allows the creation of corporations. This was not a prison term, this was a death sentence.
I am open to any rational legal arguement but I am unaware of any case in the Delaware court where a company that was ordered killed was given a reprieve.
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