Klidee,

You asked can I "shed the light on exactly what Southridge has won and what is left of the case between NPCT & Southridge?"

My answer is that I have read the court document. It is my opinion that, though the judge has issued an opinion, that opinion will be challenged. I believe it is only an intermediate step in the process, and that nothing has been won by either side.

As to the amount of product ....

The amount of product manufactured can be misleading because some is used for testing, some is given out in promotions, some is sold, and some goes into trials. The best information I can give you is that in a recent conversation, a sales rep told me that there were (at that time) between 35-40 trials of Agrastim in various stages of completion that he was personally sponsoring, both nationally and internationally. That does not count the activity that the company has directly with other distributors such as AHD (and consequently, AHD's customers), or other end users working directly with the company.

One of the things, in my opinion, that is difficult to decipher is when to classify someone as a customer rather than a "tester". If a company orders, let's say, 100 kg for testing and likes the results, then orders 150 kg to test another division or location, then orders 200 kg the next month for testing in another location, have they become a customer, or are they still "testing". It's my opinion that they have become a customer, but there are others who say that until the product is fully adopted by the company, and the purchase orders involve consistent repeating deliveries, one cannot classify the purchaser as a "customer."

I hope this helps.

-zties