I wouldn't worry to much about patent. An artical a while back seem to favor GMCR. I don't think GMCR left themselves bare bones regarding this matter. There were portions of it that were very iffy with connecting strings that could leave GMCR in the game up to 2017. I guess it's up to the Patent Office to interpet. Heaven only knows why GMCR has responded to the situation.............Do we have Bear Trap.........hummmmmmm.
The problem for GMCR is most analysts expectation was too high making it impossible to meet. If you compare revenue between Q2 of 2011 and Q2 of 2012, revenue growth rate was 37%. Growth rate for Q3 is still going to be 22% compare to 2011.
As to the SEC investigation in 2010, GMCR had stated "As noted in our Annual report on form 10k for our fiscal year ended 9/24/11, our independent registered public accountants gave us a clean opinion. For the last two quarters, they have done their review and we continue to comply with general accepted acccounting principles".
Clearly, this is a profitable company with a growth rate at 20+%. With analysts' expectation lower (still a 22% growth) next quarter. Just a meet or slightly beat on both revenue and earning will easily shoot GMCR back above $45-$50 level (specially with 62+% shares available to short are shorted)