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Message: Chuck Moore vs TPL

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(yohombre) Chuck Moore vs TPL

in response to Chuck Moore vs TPL by l2007s
posted on Nov 21, 09 01:49PM

(To all) From Chuck Moore's Weblog

in response to Chuck Moore's Weblog by yohombre
posted on Nov 02, 09 12:39AM
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1 November 4:00 Sunday

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I received an email from another inventor defrauded by Leckrone. He won his arbitration in 2004. I hadn't a clue about this litigation.

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29 October 1:00 Thursday

Several developments about the TPL Arbitration:
Leckrone is delaying our examination of his accounting records by demanding that I pay to do so. Nothing in the ComAg or normal discovery procedures supports that position.

I've been informed of the public nature of campaign contributions (a number of web sites report them). And that amounted to $100K. I trust none of that is my money.

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19 October 1:00 Monday

Learned some about the confidentiality surrounding TPL's accounting documents. Thirty file-drawers full. Seems it's aimed against me. Lawyers and accountants can view the documents, but not the plaintiff? What could be so damaging that I musn't see it?

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6 October 3:00 Tuesday

Regarding Arbitration: we've not received the requested accounting documents from TPL; they're way overdue. Seems lawyers are fussing about confidentiality.

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5 October 2:00 Monday

I've filed a UCC-1 against TPL. That basically declares publicly that I have an interest in the patents. I'll post it on the Moore/TPL page.

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4 September Friday morning

I get inquiries about MMP and TPL and Patriot. Sorry to say, but I'm completely out of the loop. You might think that as owner and inventor of MMP and major investor in TPL I warrant some status info. In fact, my contract specifies quarterly accounting now 12 months overdue.

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30 August Sunday morning

I heard that TPL laid off more people last week. He needs to get down to an affordable staff, but I guess that's no fun.

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26 August Wednesday morning

Talked with lawyers yesterday. TPL wants Arbitration documents kept secret, some even from me. Seems to be so I can't post them here. As if I'd do that. Typically, Leckrone is more interested in the venue than the substance of the dispute. He has not provided the accounting documents we've requested.

Roger Cook of Townsend and Townsend and Crew is representing Leckrone. I thought he should withdraw or be disqualified as I worked with him for 5 years on TPL litigation. But since he didn't actually represent me, that won't happen. He is privy to all my documentation and has not returned my artifacts (chips and circuit boards), plenty of ammunition to now use against me. I understand that such a relationship is termed Joint Privilege. Somehow it does not protect me against him.

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31 July Friday morning

Did not receive $15K from TPL yesterday.

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30 July Thursday morning

I have an appointment August 7 with my forensic accountants to discuss the audit of TPL. Leckrone has converted my money to his own use and I need to determine how much and document the diversions. Arbitration has established a deadline of September 30 for such submissions.

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24 July Friday morning

Got a bill from the Arbitration Association: $45,000. I've already paid them $15,000. The cost of justice. And that's just my share.

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July 16 Thursday morning

Reveived $9,600 from TPL yesterday. On time, but short changed.

Rumor is that Leckrone is trying to sell TPL; with no takers. A strange concept, since Leckrone is TPL. Having gone through the MMP revenues he now wants to cut and run? He has refused to downsize. He's got all that litigation. And constraints from his contracts with me and Patriot and doubtless others.

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July 8 Wednesday morning

Action on the Moore v TPL Arbitration front. Chris reports that the preliminary hearing was held yesterday. This was primarily for scheduling. The result is disastrous. The hearing is scheduled for the week of February 8, 2010. Three months later than I had been led to expect. Getting 3 judges and 2 lawyers together for a week seems to be difficult. I'll be discussing some scenarios that may follow from this schedule in the Moore v TPL page.

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30 July Thursday morning

I have an appointment August 7 with my forensic accountants to discuss the audit of TPL. Leckrone has converted my money to his own use and I need to determine how much and document the diversions. Arbitration has established a deadline of September 30 for such submissions.

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July 16 Thursday morning

Reveived $9,600 from TPL yesterday. On time, but short changed.

Rumor is that Leckrone is trying to sell TPL; with no takers. A strange concept, since Leckrone is TPL. Having gone through the MMP revenues he now wants to cut and run? He has refused to downsize. He's got all that litigation. And constraints from his contracts with me and Patriot and doubtless others.

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2009 May 27 Wednesday afternoon

I learned why Leckrone sent me only $9,600. He deducted $5,400 for rent on his office space in InclineVillage. When he shut down the SEAforth project, he had a 6-month lease on the office. And when he neglected to pay the rent, got involved in a eviction proceeding. Since he wouldn't assign the lease, GreenArrays moved out and into other quarters. So his office is standing empty. Why he thinks I should pay this rent boggles the imagination. I never agreed to, and that's usually required.

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2009 May 20 Wednesday morning

Yesterday's wire transfer has clarified: $9,600 from Technology Properties Limited LLC. Also contemplating what to do about that $9.6K. On my way back to the office I got a call from Dan Leckrone. He was returning my call. All I could say was that I hadn't deliberately called him. Confusion. But I checked my cell: the keypad wasn't locked and the log recorded a call to him. It's happened before, unintended calls. But not since I learned to lock the keypad. It'd take 4 button-presses to make the call after 2 to unlock the keypad. Sorry Dan, won't happen again. I deleted your number. So is this an omen, or what? My cell has the opinion I should discuss our differences? I can't. Leckrone is a lawyer. I'm suing him. Lawyers talk to lawyers. Plaintiffs don't. So what do I do? Leckrone has offered $9.6K to take down the web page, apparently. I guess he wants it down 9.6 days before May 30? All right, Roger preaches mutual cooperation. I'll take it down tomorrow. If I don't get $15K on May 29 (I don't think they post wire transfers on Saturday) it goes back up, permanently, on May 30. And I have a bombshell for the site. On May 30, I post the Stipulated Final Judgment wherein Leckrone conned a Federal Judge into giving him my patents. (A public document)

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2009 May 18 Monday afternoon

Regarding last Monday's entry: Roger Cook explains that I misunderstood what TPL agreed to (That would be an argument for a written contract):
  • TPL will pay me $15K on the 15th and $15K on the 30th of each month (Whereas I had expected $30K on the 8th)
  • TPL never offered a written contract, that was my request
  • No comment on accounting

Well:

  • I didn't get $15K on April 30, but that could be covered by the $30K on April 8
  • I didn't get $15K on May 15
  • I haven't gotten $15K today (as of 3:15 May 18)

Meanwhile, as a result of this misunderstanding:

  • I've given up my apartment in InclineVillage, cut cabin expenses to the bone
  • I'm selling $40K of depressed stock to cover expenses
  • Candice (daughter-in-law) has given up her store-front lease, will reorganize as a home/web/convention business
  • My contractor has stopped construction
  • I heard back from IndyMac: Not writing jumbo mortgages

The phrase "Too-little, too-late" comes to mind. Stay tuned.

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2009 May 12 Tuesday morning

I re-posted more content to Moore v TPL. It's really hard to organize things so that they're comprehensible. I'll be changing my commentary as things evolve.

My contract with TPL specifies that disputes be resolved by binding arbitration. Let me state my understanding of that process: Several organizations provide a service whereby disputes can be resolved without going to court. This is supposed to save time and money and unburden the courts. My contract specifies the American Arbitration Association (AAA). My lawyer (Chris Wicker of Woodburn and Wedge) filed a Demand for Arbitration last year. I paid a $10K fee, as this is deemed a Large and Complex dispute. We delayed issuing the Demand to allow time to negotiate with TPL. And finally dismissed it as a cooperative gesture, when a spin-out of the SEAforth project offered a resolution. When the spin-out failed, we re-issued the Demand. First step is to select a panel of 3 Arbitrators. We provided input but have not heard AAA's choice. They are expensive ($500/hr, each).

Next will be a (phone?) conference to discuss procedures and timing with the panel. Then a process of Discovery of the relevant facts. And finally a conference room proceeding (2 days?) to decide the issues. This will take 6 months? And cost $100K?

There is no appeal to this decision. I don't know what enforcement is available. All-in-all an unfortunate process to go through. But I have no choice, I have to play out the hand.

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2009 May 11 Monday morning

I want to explain why I removed the page Moore v TPL from this site, and why I'm putting it back: (By the by, Leckrone and TPL are one and the same) I was told that Leckrone received a communication from Europe that a potential licensee had learned of the lawsuit, and chose to defer negotiations. He was anxious that this not be repeated; that the existence of the lawsuit not be publicized. TPL has been represented by the lawfirm Townsend and Townsend and Crew LLP in its litigation. Roger Cook has been lead attorney. (This is a matter of public record.) I have great respect for Mr Cook's ability and integrity. He negotiated an agreement that if I removed Moore v TPL:

  • TPL would restore the $30K/mth payment that was terminated in January
  • He would prepare a written contract to that effect
  • TPL would present an accounting of royalties due

I took down the web page and:

  • Received the $30K on April 8; did not receive it on May 8
  • Mr Cook dispaired of writing a contract acceptable to both me and Leckrone
  • I received a 16-page 'Accounting' which claims all my royalties ($30M) go to expenses - without documentation

I conclude the agreement was not fulfilled. So: Status quo ante. The reason I wanted a written contract was not that I don't trust Leckrone, but to get a mortgage to complete my house. Understandably, banks require you to prove your income. I had been receiving from TPL a $15K/mth advance on royalties for living expenses. In 2007 I purchased land in InclineVillage. Rather than pay $2M he owed me, Leckrone agreed to pay a mortgage for me. Thereafter I received $30K/mth, $15K advance and $15K mortgage. By reneging on that mortgage, Leckrone has placed me in a bind. So, what else is new?

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