I happen to own both stocks since I think very highly of both companies in the long term (24-48 months). That said, I believe the comments made in the IRIX conference call are a lot about nothing. You will ultimately witness that SURG will win this battle going away once the final decisions are announced. Meanwhile, SURG share pricing should see a good recovery to new highs given strong quarter to quarter operational performance. The last few weeks have been a period of testing for SURG shareholders. Those folks that elect to employ plenty of patience with this stock will be richly rewarded.
Cheers and good investing, Retired "Dangerous" Techie
RT, I continue to attempt to understand why you are so confident in SURG�s position on their litigation. I know you previously said that SURG has a good track record in patent infringement cases. Since SURG only became public late last year, it is difficult to find information from when they were private. I was able to find a case on patent infringement, SURG vs. Bausch & Lomb, which was filed in 2001. It was dismissed with prejudice and each party had to pay their own expenses. Another case was filed in late 2004, SURG vs. Lumpkin, a trade secret case which was dismissed in late 2005.
I was able to find 5 current litigations in their 10Q. - SURG vs. Hurst and McGowan: this was a trade secret case and SURG was awarded a judgment in late 2005. It is now under appeal. - SURG vs. Innovatech/Peregrine: this is a patent infringement case and the trial was supposed to be in June 2006? - IRIX vs. SURG: this is the one currently in discussion. - SURG vs. Innovatech/Peregrine: this is another patent infringement case on a laser probe. IRIX was added to this case in April 2006. - Peregrine vs. SURG: this is seeking a declaratory judgment of non-infringement of another SURG patent.
Since you know this company much better, you may be aware of other patent infringement cases they have won. SURG has been private for many years and I cannot find that information. Can you be of any additional help?
I would like to oblige, however, I simply don't have the time to get involved with your request. In view of recent criticisms that I've received on this chatboard and over at ZVXI, I encourage you to do your own due diligence although that may be somewhat difficult in view of this company's prior private record into the period which matters. I think one of the best indicators at present for those who look at SURG's public statements is the fact they have not set aside any funds whatever for a negative outcome to the dispute in question. I think that says much about how they view IRIX's claims. We shall just have to wait and see how this whole affair turns out. That said, I think the chances of SURG winning the final court decisions is quite good although there are never any guarantees.