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Novavax, Inc. Message Board

capt_uss_enterprise 15 posts  |  Last Activity: Sep 18, 2014 9:51 PM Member since: Mar 4, 2011
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  • Reply to

    Just a reminder -

    by capt_uss_enterprise Sep 18, 2014 7:50 PM
    capt_uss_enterprise capt_uss_enterprise Sep 18, 2014 9:51 PM Flag

    If you think it will be a "nice stock to be in in 2016" you've already partially answered your own question

    Assuming your question is a serious one and you really are looking for a theory - you can buy now at what I consider a discount (based on the logic in the subject post), what current buyers consider a discount (for similar or different reasons) and what their new counsel sees as a discount (since they chose restricted shares over cash) and then sell for a profit at your desired strike price whatever that may be and whenever it occurs.

    Sentiment: Strong Buy

  • capt_uss_enterprise by capt_uss_enterprise Sep 18, 2014 7:50 PM Flag

    Microsoft settled with Vringo over the the same search patents Google is accused of infringing. They also agreed to pay 5% of what Vringo recovers from Google as part of the agreement subject to a cap that was not disclosed.

    So, in the settlement column with licensing revenue we have:

    Microsoft
    ADT
    Tyco
    Belkin

    In the settlement pending column - in my view we have

    ZTE who already admits infringing, argues only for fair licensing terms and is going to be come down on hard over their violation of the NDA. "For all I know, injunction or no injunction, you’re going to get a judgment against them for damages for very serious money and conceivably enormous punitive damages,” Judge Kaplan told Vringo counsel Karl Geercken, a partner with the law firm of Alston Bird. “Certainly, punitive damages, putting aside the contract tort controversy, would seem entirely possible on these facts.”

    In the to be determined column we have

    ASUS
    Google En Banc

    The share price is way undervalued and in no way is a reflection of the revenue to be earned under the settlements alone before taking into account the ZTE case and being granted the En Banc hearing in the Google case (which in my opinion is going to be granted and the prior ruling vacated in favor of the lower court decisions for damages and the increased royalty for willful infringement).

    Sentiment: Strong Buy

  • capt_uss_enterprise capt_uss_enterprise Sep 12, 2014 8:17 PM Flag

    OK - lets get real here shall we.

    First, provide the name of the company that hired Boies for shares and went out of business.

    Second, you are correct, I am not a patent attorney.

    Third, although I am not a patent attorney, I do understand obviousness. I also understand that the USPTO uphled the validity of the patents as they did not see them as obvious.

    Fourth, evidently the lead counsel for Google are not good patent attorneys. Not only did they fail to bring your "obviousness" issue before the court in the Markman and the actual trial, they ignored it as a possibility in the Appeal and had to be "nudged by a Judge" to consider it.

    Finally, the reality is this: Vringo got a well known and highly respected attorney to accept "restricted shares" as payment for representation. These shares not cash in the pocket, they are RESTRICTED. Your moniker suggests that you know something about trading though apparently not enough.

    Sentiment: Strong Buy

  • capt_uss_enterprise capt_uss_enterprise Sep 12, 2014 5:09 PM Flag

    The only way a top litigator in the country is going to accept shares of stock in lieu of cash payment is that he knows (1) ZTE is about to be roasted on that spit you refer to and (2) he is going to get an En Banc review and pull off the win.

    Google and their legal team are absolutely sweating this development

    Sentiment: Strong Buy

  • capt_uss_enterprise capt_uss_enterprise Sep 12, 2014 3:50 PM Flag

    I love this quote: "This is jazz; it is not a symphony," he says. "This is Miles Davis; it's not Beethoven."

    Google is sweating

    Sentiment: Strong Buy

  • capt_uss_enterprise capt_uss_enterprise Sep 12, 2014 9:54 AM Flag

    What's really funny about this is that there is simply no way to put a negative spin on one of the top litigators in the country saying:

    (para) "Put your pen away. I don't want a check. I would rather have stock in the company as payment for my services. For you, this caps your legal expenses and preserves your capital. For me, well this is my incentive to fight this on your behalf to the end while maximizing my compensation as the best legal counsel money can buy"

    Talk about and endorsement and confidence in the win!

    Sentiment: Strong Buy

  • On September 11, 2014, Vringo, Inc. (the “Company”) issued 400,000 restricted shares of common stock of the Company to the law firm Boies, Schiller & Flexner LLP (“BSF”) in consideration of the engagement of BSF by the Company and the Company's wholly-owned subsidiary I/P Engine, Inc. Pursuant to the engagement, David Boies, Esq. chairman of BSF, will join Joseph R. Re, Esq. of Knobbe Martens Olson & Bear LLP, counsel of record in proceedings at the U.S. Court of Appeals for the Federal Circuit, in seeking further review of the Federal Circuit's split appellate decision in I/P Engine's case against AOL Inc., Google Inc. et al. that issued on August 15, 2014 and reversed the judgment of the U.S. District Court for the Eastern District of Virginia. Mr. Boies will also serve as counsel of record in proceedings at the Supreme Court of the United States should I/P Engine or any defendant(s) file a petition for writ of certiorari, and argue the case should certiorari be granted.

    Mr. Boies has been selected as one of the 100 Most Influential People in the World by Time Magazine (2010). He has been named Global International Litigator of the Year by Who’s Who Legal an unprecedented seven times, including 2013.

    Mr. Boies has been named the Litigator of the Year by The American Lawyer; the Lawyer of the Year by The National Law Journal; runner-up Person of the Year by Time Magazine; the Antitrust Lawyer of the Year by the New York Bar Association; Best Lawyers in America from 1987-2013; Lawdragon 500 Leading Lawyers; and a Star Individual by Chambers USA. He was named one of the Top 50 Big Law Innovators of the Last 50 Years by The American Lawyer in 2013.

    Heading back to $3.00 IMO. I can't wait to read the En Banc petition!

    Sentiment: Strong Buy

  • For reference, Judge Kaplan is the presiding Justice in the Vringo VS. ZTE case in the US. His comments below are from the recent hearing with counsel for both Vringo and ZTE

    KAPLAN TO VRINGO

    “For all I know, injunction or no injunction, you’re going to get a judgment against them for damages for very serious money and conceivably enormous punitive damages,” Judge Kaplan told Vringo counsel Karl Geercken, a partner with the law firm of Alston Bird. “Certainly, punitive damages, putting aside the contract tort controversy, would seem entirely possible on these facts.”

    KAPLAN TO ZTE

    Vringo “made a deal with your client and your client welched.

    KA[LAN TO VRINGO AND ZTE

    “Now, if your respective clients have any sense, they will settle this

    Stay tuned.....

    Sentiment: Strong Buy

  • capt_uss_enterprise capt_uss_enterprise Sep 10, 2014 3:42 PM Flag

    First, if you don't have anything intelligent to say you're best to just keep quiet.
    Second, if you have an intelligent point to convey you should keep the slang and "hood" speak out of your sentences. You may actually have a shot at being taken seriously.
    Third, if you are short then you missed the boat already and should get out or go long. The downside risk is little when compared to the upside potential.

    Sentiment: Strong Buy

  • capt_uss_enterprise by capt_uss_enterprise Sep 10, 2014 8:00 AM Flag

    The Vringo case against ZTE is strong in that ZTE has already acknowledged that they are infringing and seek only to have a fair license agreement with Vringo. ZTE has been slapped by the courts in multiple countries thus far up to and including injunction relief and the hearing process remains ongoing with critical dates this month and in the next couple of months.

    In ZTE's own Antitrust fling and from their PR department they state " Despite ongoing efforts by ZTE to negotiate since 2012, the company has been unable to reach an agreement with Vringo on FRAND terms".

    Considering the devaluation of the share price, albeit overdone IMO, thanks to the Google appeal which is still awaiting an en banc petition hearing, ZTE could easily swoop in and make an offer for the company to acquire the infrastructure portfolio or negotiate a deal like Microsoft reached with Nokia earlier this year.

    For reference, Microsoft purchased the rights to use Nokia handset design patents for 10 years to the tune of $2 billion in April

    About ZTE -

    As one of the world’s leading technology innovators, ZTE respects the intellectual property of other companies. ZTE is committed to investment in the company’s intellectual property assets, and has signed dozens of global intellectual property licensing agreements with holders including Qualcomm, Siemens, Ericsson, Microsoft and Dolby Laboratories. In 2013, ZTE’s licensing expenses as a proportion of revenue were amongst the highest in the telecommunications industry globally.

    ZTE’s strategic planning and industry-leading pool of intellectual property assets offer a strong safeguard to help the company prevail in patent litigations internationally.

    Sentiment: Strong Buy

  • All that is required for a rehearing En Banc at this point:

    (1) a litigant files a petition - Vringo will be doing this on or before October 15th
    (2) a judge in active service on the circuit requests that the entire court be polled on the petition - that would most likely be Chen given his dissent
    (3) a majority of the judges in active service vote to grant the petition - the matter is of exceptional importance

    The en banc procedure is a useful tool to deal with the agency problem that results from delegating cases to three judge panels. The agency problem is this: “the members of any given three-judge panel could
    potentially be outliers who have different dispositions, biases, and preferences and do not decide a case in the same way as the full circuit.

    The En Banc will be granted as this case deals directly with: a misalignment on the courts decisions, a matter of exceptional importance as it will shape patent law as it relates to the definition of obviousness and whether or not a Federal Court should be capable of establishing its own rules for validity essentially nullifying the USPTO which in this case upheld the validity of both the patents in the suit not once, but twice.

    When it is granted, the previous panel judgement as a matter of procedure is vacated

    Sentiment: Strong Buy

  • I expect a follow up PR regarding En Banc next week, if not Monday. I just bought another 10,000 shares and put my money where my posts are. Two Justices of three on the US Court of Appeals establishing validity of a series of patents that have gone through the USPTO on rexam twice and been upheld both times is absurd. En Banc process will ABSOLUTELY vindicate Vringo as it relates to the Google case. That said, have you all forgotten about ZTE? The ZTE case is worth SUBSTANTIALLY more than the Google case and has already resulted in INJUNCTIONS on the sale of those products.

    Long and adding!

    Sentiment: Strong Buy

  • They'll try to hold it back with the institutional swapping but it ain't gonna be enough to hold this below $10.00 AIMHO. Google is going to lose BIG and as far as I'm concerned, we have not heard from CAFC yet not because they don't have an opinion but rather because there are discussions going on between the parties to settle this first.

    Do the math here folks

    Sentiment: Strong Buy

  • capt_uss_enterprise by capt_uss_enterprise Jul 23, 2014 12:29 PM Flag

    Then I may sell you 1/2 of them. Do the math on the revenue stream. EOM

    Sentiment: Strong Buy

  • Tick, tock....

    Sentiment: Strong Buy

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