Thank's Hash.
Very important information for me regarding the patents.
When I had a look at it two years ago, all the patents were in 4DS inc.
I made a quick research after your post, and what I discovered is that all he patents prior to 2019 seems to be in 4D-S Inc and all the recent patents seems to be in 4DS Ltd.
I didn't manage to see all the patents, but this iseems clear from what I read (see document below from google patent).
You will notice a third company : 4DS Pty....First time I heard of it !
We know that the most recent patents are a kind of kee for the hardware part of the patent porfolio. You need them to take full advantage of the first set of patents. Thats what I read here on HC.
And we know that the JDA was signed between HGST and 4DS Inc ( PsyaNite could confirm or invalidate this).
So, may be the recent patents are not covered by the JDA.If this is true ( a big IF, I know), it would mean that if HGST want the technology, they will have to buy 4DS Ltd or apply for a separate licence for those parts of the technology.
4DS could refuse. That change a lot of things.
Is that what they mean when they said that the new patents of 4DS are free of any licensing agreement ?
Regarding your question about the private auction, it is reasonnable to think ASIC will accept a private process that give all garanties to shareholders.
But, it now seems to me that there is a more simple and normal way of selling the co without disclosing information :
you just have to split the process in two stages :
- First stage : 4DS organise a private auction without telling anybody. A few cos are invited to
potentios byuer. 4DS select buyer among a selected few.
- Second stage : The Bidder selected by 4DS declare to ASIC that it want to buy 4DS. The bidder send a letter to 4DS to ask for a scheme of arrangement. The BoD ask shareholders to vote for the scheme in absence of a better offer.
Could work.
https://patents.google.com/?assignee=4DS&oq=4DS
