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Edenside Kelso TD5 7BS 2003-07-18 Dear John, Thought I would just drop you a short note of my current views. Thursday, Court and Cintec. It was apparent that Laddie and Jacobs had pre-judged the issues. Laddie in granting his original order probably effectively granted it to his Chamber’s mate over the coffee cups; again Jacobs, a friend of counsel ‘Martin’ had no doubt received a cursory in house briefing. Jacob’s decision on jurisdiction was just plainly legally wrong but no doubt carried great pragmatic weight. That said I believe Jacobs will be a fair judge and has sought to help us. Jacobs bluntly told us that under the terms of the Patent Acts we don’t have a defence as to how their action is currently framed. Slowly, Jacobs became more conducive to your position.  Jacobs did say that we do have an action against Cintec upon other matters but such were not for his patent court. By the afternoon Jacob’s was plainly on our side and he highly unusually showed what his current verdict would be and why. Jacob then explained how we could persuade him to another view and then showed us the manner it needed to be done. Cintec only has to be shown in breach of one patent claim and then Cintec is dead. In short, Jacobs told us that we need to list all your U.K. patents. Then we are obliged to obtain expert patent attorney advice as to the merit/ breach etc of each claim. If that advice is persuasive and shows Cintec to be in breach of what is written in the patent to that Cintec does or professes to do then Cintec dies. In respect of the current London case, this morning I took the opportunity of contacting several firms of English lawyers who do court patent work. As a broad guide their fee indication ranged from £40,000 to £100,000 plus VAT. We can achieve much lower figures providing we competently do it ourselves. That said you will have to find another £10,000 to £20,000 dependant on the quality of the evidence we require. In any event more money is required and it crossed my mind that rather than selling your home, should you wish it, I could through reputable secured bank funding obtain a £100,000 to £250,000 interest only loan for you over 10 to 15 years. Such a loan on £100,000 would cost you some £80 per week.  The money ought to be available in 7-14 days. Such a loan would not only be more economic to you but enable you to have time to plan. Personally, I believe that all your hard work has an excellent prospect of reward and recognition. I think you should delegate more to let your life become easier. While I have only met your son John briefly I am very impressed. Does young John understand the opportunity you have made for yourself and your family? Perhaps, you should discuss matters with him and see a possible way together how your incredible opportunity can be developed. Kind regards Martin
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