I believe the requirements to get to small-cap Nasdaq would be $4/sh for a duration of greater than 30 dys. I dont know about AMEX requirements, may be lesser.
If you base your assumptions on a NAS listing, a $4/sh means we need a market cap of at least $1.5 Bln, sustained for the 30...think in this fickle market, the only way to get that is if the 336 comes out of the USPTO review 100% unscathed, and the companies waiting in the wings to sign fold, and fold quickly, allowing TPL/PTSC to capitalize on the momentum.
A potential substitution allowing the momentum, would be conducting a highly effective PR blitz, but I would think market conditions would have to cooperate...
All IMHO
Regards