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Intellectual Property Due Diligence

Submitted By: David Dawsey | Word Count: 849 | Views: 134

The importance of due diligence in any investment, merger, or acquisition decision cannot be understated. Decisions can no longer be made based solely upon a good business plan. In today's knowledge based economy intellectual property (IP) is often a company's single most valuable asset. However, IP due diligence is typically an afterthought.

The Goals

The goals of IP due diligence should be collaboratively identified by the organization leading the general due diligence investigation and the IP due diligence team. The goals should then be reduced to an IP due diligence plan.

The IP due diligence team should consist of independent IP counsel. The target company's IP counsel should not be used as one can never fully critique their own work, in addition to the potential conflicts of interest.

Several factors must be considered in identifying the goals of the plan. First, the team should discuss the nature of the transaction. IP due diligence goals will differ for investments, mergers, and acquisitions. Secondly, the financial value of the transaction must be considered. There is no use in completing $1 million in due diligence for a $1 million dollar transaction. Third, the risk associated with the transaction must be analyzed. For instance, a $1 million venture capital (VC) investment in a high-tech start-up has a much higher probability of loss than a $100 million merger of established companies. Fourth, the underlying reason for the transaction should be discussed. For example, if a company is acquiring a target company for a particular product line or technology there should be a primary focus on the IP protecting that interest.

The Scope

The scope of IP due diligence investigations is limited by the goals identified above. The scope of IP due diligence should include investigations into the patents, trademarks, copyrights, and trade secrets of the target company to identify weaknesses, potential liabilities, and potential opportunities.

There are some general considerations applicable to all forms of IP. For instance, all of the target company's current IP should be identified and cataloged, including current patent and trademark applications. This process should identify the dates of application, issuance, expiration, required maintenance payments, and whether foreign IP protection has been obtained. Additionally, the true ownership of each piece of intellectual property must be identified. This is particularly true for IP that has been licensed or assigned to the target company. Ownership verification requires meticulously analyzing assignments and licensing agreements, as well as cross-referencing the Patent & Trademark Office files. A golden rule of IP due diligence is to independently verify everything!

There are several aspects of IP due diligence that are unique to situations wherein the target company possesses a patent portfolio. A complete investigation into a company's patent portfolio can be expensive, yet the cost is typically a drop in the bucket when compared to the cost of litigating a patent infringement claim. Carefully identifying the goals of the IP due diligence investigation will often eliminate the need to completely analyze over half of a company's patents. After all, there is no need to perform due diligence on outdated IP that the company no longer uses. Alternatively, IP that is essential to a company's operations should be afforded additional scrutiny.

An IP due diligence plan should include an infringement analysis of the company's key IP assets. Key patents should be analyzed first to determine if they sufficiently cover the product line of interest. It is not uncommon to find that a company's patent portfolio does not adequately protect their main product lines.

The analysis should then turn to competitor's products. It is essential to identify potential infringement lawsuits during the due diligence investigation. One must determine both whether competing products infringe the target company's patents and if the target company's products infringe patents owned by third parties. During this investigation the IP due diligence team can also identify whether the target company's patents are very broad and strong or narrow and weak. The strength of patents has a direct relationship to their value.

A target company may be willing to contribute to the cost of the infringement analysis portion of the IP due diligence. This is because a non-infringement opinion from counsel can protect a company from claims of willful patent infringement. When a company relies in good faith on a competent opinion of an attorney that the company's product does not infringe a third party's patent, the company will not be held to be a willful infringer. This is important because actual damages can be increased threefold in cases of willful infringement.

Comprehensive due diligence investigations into trademark, copyright, and trade secret matters are not nearly as involved as patent investigations. However, when mergers or acquisitions involve ownership transfer of valuable trademarks it is imperative to investigate the validity, ownership, and potential infringement claims of the mark.

Conclusion

IP due diligence is necessary to avoid costly mistakes and properly determine the value of business transactions involving IP. This is true for both traditional brick and mortar companies and high tech companies. The specialized nature of IP due diligence requires that an IP attorney be retained to properly perform the investigations.

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1.1.: www.jobjobsjob.com DOMESTIC and INTERNATIONAL JOBS DIRECTORY

Posted by: "usa_business_directory" usa_business_directory@yahoo.com usa_business_directory

Sat Mar 15, 2008 4:44 pm (PDT)

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2a.: Your Blog Can Earn Money For You 24x7!

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Sat Mar 15, 2008 4:44 pm (PDT)

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4.1.: How I made Over $2,000 in less than One hour?

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4.2.: How I made Over $2,000 in less than One hour?

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 4:46 pm (PDT)

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4.3.: How I made Over $2,000 in less than One hour?

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 5:32 pm (PDT)

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4.4.: How I made Over $2,000 in less than One hour?

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 5:33 pm (PDT)

How I made Over $2,000 in less than One hour?
$2,000 in less than One hour
New System That Wins At Least 75 Times Out Of Every 100 Trades!
Most PROLIFIC, PROFITABLE, Yet SIMPLE Futures Trading System Ever...
This HAS TO BE The Most PROLIFIC, PROFITABLE, Yet SIMPLE Futures Trading
System Ever... (I made over $2,000
in less than One hour trading futures...)
If I could show you a futures trading method that wins at least 75 times out of every 100 trades, could you make money?
60 Minute Trader™ is a unique, original futures trading system and is now being offered for the very first time allowing everyday people to BEAT THE PROFESSIONALS!
The 60MinuteTrader strategy continues to astound even the veteran traders as it continues to deliver near on 100% trading successes day in, day out.
http://clickst.BJACK.hop.clickbank.net/
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8.1.: Inventory Management Software

Posted by: "Rich Moline" service@inventory-management.us jwsnow2

Sat Mar 15, 2008 5:14 pm (PDT)

Business Management Software. Solutions for Warehousing
Manufacturing and
Transportation Industries. exercise the power to regulate,
dominate,or
manipulate! services and products. invoicing, Pricing,
shipping, Information
Bar Coding, forms, in one convenient software package.

Only the latest technology is employed in its products and
all its
software is designed and marketed by Traker Systems.

We give browsers all the organized tools needed to make an
informed systemize decision, including systemized ratings
and specifications. Browsers can search for all available
information and incentives. Offers a inventory control
for inventory management and Premier Business Management
Software.

a company that specializes in the integration of materials
Inventory Traker combines purchasing, receiving, inventory
control,
product allocation, and shipping into one, convenient
software package.

http://www.trakersystems.com

Traker Systems software solutions for
Manufacturing / Warehousing needs.
http://www.trakersystems.com

¤§¤==========¤§¤==========¤§¤

Traker For Public Warehousing
http://www.trakersystems.com/warehouse.html

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9a.: Announcing... A Powerful NEW Business Opportunity...

Posted by: "Barb Kitzmann" success@safelist-mail.com bakitzmann

Sat Mar 15, 2008 5:14 pm (PDT)

Announcing... A Powerful NEW Business Opportunity...

Hello Fellow Marketers

NO One left Behind...Everyone Gets Paid.
PASSIVE income to be made.
Isnt that what we all want?

The most innovative and exciting program to hit the internet is about to launch. This program combines social and business networking in a way that has never been done and EVERYONE will benefit.
No one gets left behind and everyone shares in the revenue.

I like this!

Timing and positioning are everything.
I would like to see you on my
team, As Giblink is growing very rapidly.

* Heres basically how it works;

Simply by joining the gibLine Straight Line Revenue Sharing Program you WILL get people joining below you in the line,
know matter who is referring them,
because,
theres simply just ONE single straight line that everyone will be entered into.

Right now, hundreds of people are pouring in on a daily basis.
Many of the big internet gurus are showing up and joining.
They will also bring in a lot more members.
Thats great for all of us because EVERYONE joins at the bottom.
Think of it as a ladder.
Every time someone steps on the bottom rung, those of us above them are pushed up.
Then every quarter, all those above re-enter at the bottom and everyone is pushed up again - and again - and again. See the whole plan at:

http://click-here-4.info/?i=132319/YG

You will want to get in as a pro member
Free will only cause you heartbreak later.

Dont tell me shoulda, woulda, coulda
because you will make money with this
even if you cant promote, but not as a free member.
You need to join pro and you need to do it today.

Go to the site now

http://click-here-4.info/?i=134357/YG

* Read the site
* click Revenue Sharing Plan
* Listen to a past conference call (Talk Show box)

Then, click JOlN NOW! to register Today.

http://click-here-4.info/?i=134357/YG

Warm Regards
Barb

PS
I just received word that GibLine was featured on Forbes.com!
Go to the link below, check it out for yourself

http://www.forbes.com/prnewswire/feeds/prnewswire/2007/09/27/prnewswire200709271500PR_NEWS_USPR_____CLTH094.html

As you can see, Gibline will be Huge!

GibLine, is getting major attention Now!

If you havent joined yet...
Now is the time to Join the GibLine:

http://click-here-4.info/?i=134357/YG

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10.1.: REAL HOME BUSINESS OPPORTUNITIES THAT REALLY PAY

Posted by: "usa_business_directory" usa_business_directory@yahoo.com usa_business_directory

Sat Mar 15, 2008 5:16 pm (PDT)

REAL HOME BUSINESSES WHICH EARN REAL MONEY

http://www.globefetch.com/X2aG9tZS1idXNpbmVzcw.html

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11a.: Blast Your Ads to OVER 37 Million

Posted by: "C.S." raymondconduit@yahoo.com raymondconduit

Sat Mar 15, 2008 5:22 pm (PDT)

DO YOU WANT TO BLAST YOUR ADS TO OVER 37 MILLION.
Do you really want to boost your online business and then going laughing all the way to the bank?
This my friends is an offer you cannot refuse at ONLY $10. YES TEN DOLLARS.
Do it now and start your money machine rolling at:
http://www.webautotraffic.com/bestlists/index.php?e=raymondconduit@yahoo.com
Regards
Raymond Conduit

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12a.: The Total Work From Home Package!

Posted by: "bedeltürk " cucubeda@yahoo.com cucubeda

Sat Mar 15, 2008 5:24 pm (PDT)

"Finally! A No-Hype, No-Fluff Profit Formula
That Real People Are Using
To Make REAL Money Online!
http://clickst.IHOME.hop.clickbank.net/

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13.: Our Business Works.....lh

Posted by: "James Young" james123you@yahoo.com james123you

Sat Mar 15, 2008 5:28 pm (PDT)

Hi yahoo friend I am James Young a 40 year old internet marketer
living in Washington.

Have You Ever Wondered How Internet Marketers
Make So Much Money Online?

Its Because We Take Advantage
Of Opportunities Before The Masses!

http://www.b4uw.info/

We are now taking the net by Storm!

If you have the savvy to see this you can
make your living on-line!!

We will teach you a real system.
You know what you were promised and Never Got.

No matter what you think you know
You Have Never Seen THIS!

This is a Genuine No BRAIN-ER!

http://www.b4uw.info/

Regards,
Your Fellow Marketer
James Young.

.

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14a.: The Ultimate Mall Listing special until Monday ONLY!!

Posted by: "The Ultimate Mall" theultimatemall@gmail.com ultimatemallads

Sat Mar 15, 2008 5:28 pm (PDT)

*The Ultimate Mall Listing special until Monday ONLY!!

March 15 thru March 17th*

This special ends the 17th at 6:00 am eastern time.

All for only *$20.00 *
Listing on our direct sales directory (consultant page)
Listing in our state Directory
125 X 125 Image On every page in our Mall
Listing (word text ad) in up to 3 category's
(This is a 1 year special only)*
A value of $77.00 all for only $20.00

*http://www.the-ultimate-mall.net/infotoaddlink.html*

or

Get listed in our Direct sales page at The Ultimate Mall
Consultants
- Get listed in our Direct sales at The Ultimate Mall for only $5.00 for
LIFE!!
This special will not last long!!!
For only $5.00 for life you can get your site listed in our Direct sales
page!!
Only one consultant listed for each company
http://www.the-ultimate-mall.net
http://www.the-ultimate-mall.net/infotoaddlink.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Catalog Page listing - If you would like to list your catalog for others to
get.
(This is a special offer for $5.00 for life for a limited time only)
To order go to
http://www.the-ultimate-mall.net/infotoaddlink.html
I will be only running this special offer until March 18th..
thank you
Mary B
http://www.the-ultimate-mall.net*

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15a.: BLAST YOUR AD TO 2,300,000 opportunity seekers for only $5.95 or les

Posted by: "Post" gionalianagio@yahoo.com gionalianagio

Sat Mar 15, 2008 5:31 pm (PDT)

BLAST YOUR AD TO 2,300,000 opportunity seekers for only $5.95 or less!
THIS IS AN INCREDIBLE OFFER, NOT TO BE PASSED UP ON, OUR SERVICE WILL GET YOUR ADS SEEN!
We can get your ad blasted to 2,300,000+ opportunity seekers right away!
We Assure you, your Ads will be seen.

http://tinyurl.com/2umb5y

-------------------------------
Simple Cash Generating System
http://groups.yahoo.com/group/Clint_How-To-Do-It_9/message/13088

=======================
New Groups to post your ads FREE!!!
http://groups.yahoo.com/group/ads-and-promotion
http://groups.yahoo.com/group/Home-biz-4u
http://groups.yahoo.com/group/time_4_real_money
http://groups.yahoo.com/group/Spam-me
http://groups.yahoo.com/group/post-ads-4-free
http://groups.yahoo.com/group/advertisement-solution
http://groups.yahoo.com/group/Land-4-spammer
http://groups.yahoo.com/group/fast_money_zone
http://groups.yahoo.com/group/advertise-here
http://groups.yahoo.com/group/Marketing-heaven
http://groups.yahoo.com/group/promote-ur-ads

This is not a spam. You receive this e-mail because we are in the same group. Please change your group message delivery setting to "Web Only" or choose "Leave Group" if you wish to be removed from future mailings. Or forward the whole e-mail to zonta43@hotmail.com with the subject "remove" if you don't know how to do it, and then wait for our instructions. If you are a group ADMIN and no longer wish to receive our post, please remove us from your group. We don't own or even know your e-mail address, so please let us know which group you are in when you write to us and, most importantly, DO read our reply. Thanks for your understanding.

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16.1.: Make $31,000 (Sometimes More) Per Month!

Posted by: "zeeeeeeeeeeeeee" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Sat Mar 15, 2008 5:36 pm (PDT)

ATTENTION! Did you know that you can make Mounds of Money Blogging? If you want to make fast money on the Internet this is a must read!
"I'm Going To Let You Legally Steal
My Blogging Secrets I Use To Make $31,000 (Sometimes More) Per Month"
A Blogging Expert Reveals To You His Insider Secrets And
Little-Known Techniques For Turning Free Blogs into
Your Own Autipilot Cash Machine
Bringing More Money to You Than Ever Imagined.
http://clickst.TBCMACHINE.hop.clickbank.net/

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17.: Genuine Lifetime Income!! , 3/15/2008, 6:00 pm

Posted by: "abusinessopportunity@yahoogroups.com" abusinessopportunity@yahoogroups.com

Sat Mar 15, 2008 5:40 pm (PDT)

Reminder from: abusinessopportunity Yahoo! Group
http://groups.yahoo.com/group/abusinessopportunity/cal

Genuine Lifetime Income!!
Saturday March 15, 2008
6:00 pm - 7:00 pm
(This event repeats every day.)
Location: Genuine Lifetime Income!!

Notes:
Genuine Lifetime Income!!
http://www.moreinfo247.com/9674877/CB
Earn!! 5000 US Dollars per month without Investment

By working only one hour per day from the cyber cafe or PC

Guaranteed Earnings for Lifetime!!

100% Legal
100% No Investment
100% No Scam
100% Free Training Support
100% No Door to Door Selling Products

For more details visit :
http://www.moreinfo247.com/9674877/CB
Check Your Mail ID - Inbox Immediately after logging in

Note : If u want to make genuine and handsome Income, please login immediately otherwise please ignore.

Notice; u r receiving this message because u r the member of yahoo groups

Thank You

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

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18a.: Hey, where do I get good advertising?

Posted by: "rick Schultz" rv21053@yahoo.com rv21053

Sat Mar 15, 2008 5:44 pm (PDT)

richard schultz here :-)

I wanted to share a great site with you
I just joined.

https://paydotcom.com/r/2079/iceman21053/3152631/

If youre like me and many other
frustrated marketers trying to promote
a great product with an even better sales
page, you are probably getting tired of
all the false promises from traffic
exchanges and How To books.

You have heard countless times about:
The List - The List - The List !!

Its true. The money is in the list. But
how in the world can you go about getting
a list when you dont even have a list!!

You cant even get people to your website.
Its enough to make you want to pull your
hair out.

But you know if you could just get Targeted
Prospects to you website, your product and
Salespage will have you Making Money Like A
Printing Press!

The Temp fix to your problem: You could go
to one of those email marketing warehouses
and pay $1500 for a ONE-TIME Email Campaign
to only 20,000 people.

Are you kidding me!! Yes, I am sure those
services do work for some people selling
items for $2995.00, and sure, some do have
success. But can you really afford to take
a gamble like that?

Heck no! - You are not a multi-million dollar
company with an unlimited advertising budget.

Check out this site. It seems to help us out! https://paydotcom.com/r/2079/iceman21053/3152631/

Thanks,

richard schultz

P.S.

They give away a great tool worth $47 just
for viewing the site!

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19.: It's a FLOOD OF CASH - I Pay Your Way into 1st Level

Posted by: "Ed Hartwell" submailbud@yuhknow.com hartwell393

Sat Mar 15, 2008 5:50 pm (PDT)

I have found the most amazing program ever! It's like a Flood of
money coming from a US Mint.

The program is called EZ Wealth Solution and
they have got a Money Plan like nothing
you've ever seen before! It Pays Daily, Direct, and BIG!

The money you can make is out of this world!

I am so confident that you will make money,
"I'LL EVEN PAY YOUR WAY IN!"

Go to my website and register for the FR-EE
TOUR, and I promise "I'll Pay Your Way In!"
just for registering!

Take The EZ Wealth Tour Right Now!

http://EZWealthSolution.com/?Hartwell
User Id: Hartwell

It's just too EZ!

Ed Hartwell
hartwell393@yahoo.com

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20a.: First Aid Is On The Way!

Posted by: "David Macneil" dmacnei1_1@yahoo.com dmacnei1_1

Sat Mar 15, 2008 5:51 pm (PDT)

Are you looking for a good Auto-responder?

Are you sick of the false spam complaints?

I have tried all of them and this one is simply the
best!

First Ad Coming Soon!

Check it out at:
http://secrets1.emailaces.com/

Join Today by Visiting:
http://secrets1.emailaces.com/

Do yourself a favor and check it out today!

Your Partner In Success-

Dave MacNeil

Free Newsletter with Insider Tips, Tricks, and
Techniques used by the Pros
mailto:anything@secrets1.emailaces.com

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Messages in this topic (23)

21.1.: How I Made Up To $11,212.00 A Month On eBay!

Posted by: "bedeltürk " cucubeda@yahoo.com cucubeda

Sat Mar 15, 2008 5:56 pm (PDT)

Wish You Could Find Just One REAL LEGITIMATE WAY To Make REAL MONEY Right From Your Kitchen Table - Starting Today? Well... Listen Up -- In The Next 4 minutes I'll show you how!
http://clickst.EXPRESSPRO.hop.clickbank.net/
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22.1.: www.internetloanplace.com Home / Business Loans ( 70 ) Fin. Tools!

Posted by: "usa_business_directory" usa_business_directory@yahoo.com usa_business_directory

Sat Mar 15, 2008 5:58 pm (PDT)

Loans For All Reasons in All Regions!

http://www.internetloanplace.com

Over ( 70 ) Finance and RE Spreadsheet Tools To Download for FREE!

http://www.internetloanplace.com/calculators2.htm

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Article of related interest

Intellectual Property Due Diligence

LeTs see who will come up with the BesT idea for ...

iTs AbouT getting the sale, or getting MoRe SaLeS !

Saturday, March 15, 2008

Messages In This Digest (25 Messages)

Messages

Posted by: "usa_business_directory" usa_business_directory@yahoo.com usa_business_directory

Sat Mar 15, 2008 4:44 pm (PDT)

Posted by: "bedeltürk " cucubeda@yahoo.com cucubeda

Sat Mar 15, 2008 4:44 pm (PDT)

Posted by: "CJ" gionalianagio@yahoo.com gionalianagio

Sat Mar 15, 2008 4:45 pm (PDT)

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 4:45 pm (PDT)

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 4:46 pm (PDT)

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 5:32 pm (PDT)

Posted by: "ayse" berra_tuzcu61@yahoo.com berra_tuzcu61

Sat Mar 15, 2008 5:33 pm (PDT)

Posted by: "nabil3turbo" nabil3turbo@yahoo.com nabil3turbo

Sat Mar 15, 2008 4:52 pm (PDT)

Posted by: "bedeltürk " cucubeda@yahoo.com cucubeda

Sat Mar 15, 2008 5:02 pm (PDT)

Posted by: "zeeeeeeeeeeeeee" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Sat Mar 15, 2008 5:06 pm (PDT)

Posted by: "Rich Moline" service@inventory-management.us jwsnow2

Sat Mar 15, 2008 5:14 pm (PDT)

Posted by: "Barb Kitzmann" success@safelist-mail.com bakitzmann

Sat Mar 15, 2008 5:14 pm (PDT)

Posted by: "usa_business_directory" usa_business_directory@yahoo.com usa_business_directory

Sat Mar 15, 2008 5:16 pm (PDT)

Posted by: "C.S." raymondconduit@yahoo.com raymondconduit

Sat Mar 15, 2008 5:22 pm (PDT)

Posted by: "bedeltürk " cucubeda@yahoo.com cucubeda

Sat Mar 15, 2008 5:24 pm (PDT)

Posted by: "James Young" james123you@yahoo.com james123you

Sat Mar 15, 2008 5:28 pm (PDT)

Posted by: "The Ultimate Mall" theultimatemall@gmail.com ultimatemallads

Sat Mar 15, 2008 5:28 pm (PDT)

Posted by: "Post" gionalianagio@yahoo.com gionalianagio

Sat Mar 15, 2008 5:31 pm (PDT)

Posted by: "zeeeeeeeeeeeeee" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Sat Mar 15, 2008 5:36 pm (PDT)

Posted by: "abusinessopportunity@yahoogroups.com" abusinessopportunity@yahoogroups.com

Sat Mar 15, 2008 5:40 pm (PDT)

Posted by: "rick Schultz" rv21053@yahoo.com rv21053

Sat Mar 15, 2008 5:44 pm (PDT)

Posted by: "Ed Hartwell" submailbud@yuhknow.com hartwell393

Sat Mar 15, 2008 5:50 pm (PDT)

Posted by: "David Macneil" dmacnei1_1@yahoo.com dmacnei1_1

Sat Mar 15, 2008 5:51 pm (PDT)

Posted by: "bedeltürk " cucubeda@yahoo.com cucubeda

Sat Mar 15, 2008 5:56 pm (PDT)

Posted by: "usa_business_directory" usa_business_directory@yahoo.com usa_business_directory

Sat Mar 15, 2008 5:58 pm (PDT)

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