Are you guys asleep at the wheel????? This only the first shoe to drop!!!! Brean Murray ups price target from $3 to $5
Augme Receives Favorable Ruling in Lead Infringement Case: Raising Target Price to $5 from $3, Reiterate Buy
Augme case against AOL/Tacoda moves toward trial. Yesterday, Judge McMahon of the U. S. District Court, Southern District of New York denied a motion by AOL and Tacoda for a summary judgment, ruling that enough of a dispute exists under the doctrine of equivalents for the case to move to trial. Judge McMahon acknowledge the case’s extended time in court and fast tracked the case, requested both sides to submit documents by June 8 for a possible filing of a Joint Pre-Trial Order by no later than November 2. Judge McMahon also lifted all stays associated with the case, allowing Augme to request an injunction and push for a settlement.
Legal bar for infringement lowered by doctrine of equivalents. Augme''s suit alleges that AOL used of Tacoda’s “Data Agent” and “Data Tag” to enable targeted display advertising infringe on Augme’s patents for the "Method and System for Adding Function to a Web Page," and "Method and Code Module for Adding Function to a Webpage." Judge McMahon’s ruling upheld the Court’s prior findings that AOL’s Tacoda technology platform does not infringe under a “literal” standard for infringement due to a difference in the way the two parties “embed” their first code module. However, she opened up the possibility for infringement under the doctrine of equivalents if Augme can prove similar functionality lowering the bar for Augme to prove infringement.
Case could results in settlement in excess of $300 million. Augme’s gross claim against AOL is approximately $1.2 billion. This figure is based on a reasonable royalty of the profits created by the use of this technology. Augme calculates this figure based on a 5% “reasonable royalty” on a 40% profit margin on the lower end of the $4 to $12 premium AOL receives to its typical $5 to $25 CPM for U.S. display advertising based on the traffic to websites on which AOL places targeted advertising. Augme then applies a sensitivity analysis over the life of its patent to account for growth in AOL’s business. Based on 25% bar for early settlement seen in similar cases, we believe early settlement could result in Augme receiving upwards to $300 million in damages from AOL.