10.03.25

Dear Shareholder,

I just wanted to inform you before you read it out on the wire tonight or tomorrow that our friends at Clancy are going to try their hand again at challenging the validity of our patents by requesting another reexamination.  The last time they tried this they failed miserably.  Keep in mind that validity challenges are par for the course whenever a patent holder enforces its patent rights.  

 We are not currently in an active lawsuit with Clancy.  Our prior litigation with Clancy was withdrawn after Clancy’s counsel represented that Clancy planned to remove the accused Clancy system from the few remaining sites where they were using them.  

Recall that just over a week ago the federal judge in our pending action against PRRS and LAZ denied the motion that PRRS and LAZ had submitted challenging the validity of our claims, which was a great win for us.  PRRS and LAZ are using the same law firm that filed Clancy’s first failed reexamination request.  Clancy’s new reexamination request has also been filed by the same lawyers.   

If you want to get on my calendar I am happy to discuss.  As you can imagine I am swamped right now.  Please reach out to Thais and get on my calendar.  Her email is thais@mpspark.com. 

Hold on to your hat!!

Joe