Re: Monday action?
in response to
by
posted on
Sep 07, 2013 05:29PM
I don't think they will formally announce the Kyocera license due to the Confidentiality Agreement being in effect.
IMO (which may be worthless), we will see a dip on Monday. I suspect PTSC will be obligated to announce the defeat AND their intent to appeal the ID. Probably a PR before the open. So awareness will spread, hopefully coupled with a statement of intent going forward (ITC Appeal, and perhaps mention of things we were unable to effectively present initially) and mention of the NDoC trial which appears imminent.
How many shareholders were counting on and fully expecting a positive ID? For me, and perhaps many, it was something I hoped for, knowing it was probably a long shot (based on things, negative things, that had already transpired in the ITC proceedings), but certainly wasn't something "expected".
Here I point to the recent trading action. I see nothing demonstrating a firm belief in success in the ID, or there would have been a lot more volume and a rising PPS over the last week or two. Didn't happen. Ergo, IMO the ITC defeat was already "priced in". There probably will be a dip, but IMO not to the proportions suggested by some here. And that dip may be just that - down then back up in anticipation of the next event.
So, looking ahead, I cautiously predict:
- An Appeal of the ITC ID.
- The NDoC MSJ to be denied.
- NDoC trial to commence very shortly after Jury selection. So early October, scheduled to last ten days I believe.
IMO and that of many, our chances in the NDoC are far better than what they were with the ITC. IMO we had a very positive Markman result, and a Judge that appears far more astute of the tech. And there appears to be greater "clarity" in the arguments, far less muddled with greater/broader tech issues. I also suspect that the NDoC cases have garnered the bulk of our legal team's attention, and over a longer term.
A NDoC success isn't just about the forced sell of a couple of licenses for questionable amounts to that opposition. It's about a court victory, like we've always needed, and everything that can fall from that. I recently read that TPL now has 800 suspected infringers on official/legal notice (though I'm unsure of the reliability of the source).
I intend to hold out for the NDoC action to play out. What's another couple of months?
And there's the wild card of our (as I anticipate) ITC Appeal, which will hopefully enable data and testimony that failed to be included in the first ITC go-round to see the light of day; e.g., testimony by TI reps and more effective Expert Witness input.
FWIW,
SGE