Frank E. Acierno - Page 16

                                       - 16 -                                         
          independent of the shelter promoters in making decisions                    
          regarding Drake’s initial operations and financial commitments.             
               Coppage did retain a lawyer, Renno L. Peterson, to review              
          Drake's offering memorandum.  Peterson expressed criticism about            
          significant aspects of the Drake partnership, but the changes               
          Peterson recommended were not implemented.                                  
               Petitioner alleges differences in the license agreements               
          between the Drake and Barton partnerships, on the one hand, and a           
          number of the other partnerships, on the other hand.  Petitioner            
          incorrectly alleges that, under their EOR license agreement,                
          Drake and Barton had the right to use the technology in a                   
          commercial project but that the other partnerships did not have             
          such right.  All partnerships, however, had the right to use the            
          EOR technology in a commercial project.  Drake and Barton had a             
          single technology license agreement permitting both testing and             
          commercialization, whereas many of the other partnerships had one           
          license that allowed use of the technology only for testing and             
          another separate license for a commercial project.  No evidence             
          indicates that this difference in format is material.  Under                
          either license format, use of the technology on a commercial                
          project was permitted, but the fixed license fees were based on             
          the number of partnership units sold, and under both license                
          formats, the partnerships would be obligated to pay additional              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011