If Moore wins #2

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l2007s

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If Moore wins #2

posted on Mar 05, 2011 02:38PM

From his complaint...Moore does not know the exact amount of royalties to which he is entitled, he remains ignorant of the licenses issued, gross revenues received amounts paid to PTSC and amounts received by TPL & Alliacense and legitimate expenses that TPL & Alliacense may be entitled to.

History:

In or about Oct 2002 Moore signed a ComAg with TPL

In or about 2005, TPL, PTSC settled litigation and another ComAG was created between TPL, PTSC and Moore. TPL assumed full licensing responsibilities for the entirety of all MMP technology (including the MMP portfolio it had previously been licensing under the above described ComAg).

On or about March 2007 TPL 7 Moore agreed to written Amendment 1. ComAg 1 is and at all times been a separate & severable agreement from the ComAg.

Plaintiff Moore prays judgement as follows:

1st Cause of Action- ComAg and amendments thereto be declared void as fraudulently induced

2nd Cause of Action-ComAg and amendements thereto be declared void as a result of mistake and TPL to deliver ComAg and amendments to clerk of court for cancellation

3rd Cause of Action- this court declare ComAg & Amendments thereto have been rescinded

4th Cause of Action- Court declare ComAg Amendment 1 has been rescinded

8th Cause of Action- Preliminary & Permanent injunction

a) from assigning, selling, encumbering or transferring the whole or any part of the MMP portfolio subject to the ComAg between TPL & Moore dated Oct. 21, 2002

b) from issuing any license of the whole or in part of the MMP portfolio without first disclosing terms to Moore and obtaining consent of Moore

It is my understanding that Moore is currently waiting on the court's decision regarding the injunction.

Based upon the above information taken from Moore's complaint...if Moore wins it seems to me that he would regain his ownership to 1/2 the MMP portfolio and the the ComAg (pursuant to the master agreement) which included the MMP portfolio that TPL had been licensing under Moore's original ComAg would go away. This would in effect leave more free to license but not free to sue infringers without PTSC.