U.S. markets closed

Ecoark Holdings, Inc. (ZEST)

Other OTC - Other OTC Delayed Price. Currency in USD
Add to watchlist
5.08-0.17 (-3.24%)
At close: 3:57PM EDT
Sign in to post a message.
  • J
    John
    The excitement is non-stop!
    100 shares traded in 6 minutes!
  • L
    Louis
    "All damages will accrue interest from this date at the rate of 0.06% per annum until the date paid."

    Why would walmart ever pay?
  • J
    John
    SHEP. HERE................. You are getting a gift today, and I would sell. A company can't live on lawsuits. They need a real business.
  • m
    matt
    Just so everyone’s officially aware, there is nothing left to rule on. Moody has officially closed the case. Shocking, I know.

    https://www.pacermonitor.com/public/case/25235918/Zest_Labs_Inc_et_al_v_WalMart_Inc
  • R
    Really
    I'm glad for longs that the stock price rebounded. IMO, it's generously priced here, since there are plenty of unknowns. Is this the end of the litigation? Will Walmart appeal? Was the award the complete compensation? Can anyone now use what was the company's IP? If Walmart pays, will they also have to pay legal fees? If not, what portion of the funds awarded will go for legal fees? How much goes to others on the financing deals the company made? How much is left, after all that and after tax? The answers to those question will determine the fair value at the times those are answered.
    My guess is that the company is generously valued now, given what is known.
    The greater question is, will the company use the proceeds wisely or foolishly? That is a big unknown.
    Being in the oil business seems to counter the "green" image of being in the business of monitoring food freshness. I've never understood that choice of direction. Plus, it seems they paid too much, with too much dilution to get into the oil business. Based on those moves, I would be very worried as a shareholder that the company would spend the money wisely.
    Good luck, longs.
  • P
    Patrick
    Wow, who the heck opened up the door and let all the money slip away. If you we fortunate enough to see the writing on the wall last week good in you! For those betting on a gold mine with the tilt of a favorable decision were bamboozald. Anyone left holding shares must be ready to jump. Damage interest? What joke. So glad I stayed away from this Turkey.
  • W
    Wolfe
    Does anyone know what the $110m payout will actually translate to in terms of share price?

    If it’s sitting at $5-6 now is it likely to rise or fall do we think?
  • J
    John
    ZEST had NEGATIVE EPS 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020.
    Don't like investing in companies that lose money.
    Ray pumped this stock all the time on WMT message board.
  • G
    GrandmasterB
    Anymore reverse stock splits or additional share dilution coming up? These are usually indicators that a stock is swirling downward into the drain
  • F
    Flying Ace
    Yeah we've got quite a few attorneys on the real zest talk discord and they brought up the court info and company statements about the parties to work out their own royalty agreement so yeah this is going to be the main part of this whole deal. There's some kind of big royalty with Walmart and the IBM food Trust or if it's too big sounds like they may just buy it out but something's brewing behind the scenes
    Bullish
  • M
    Michael
    This is the big one
    Process and condition recording and validation using a blockchain
    Patent number: 10755230
    Abstract: A computer-implemented method, according to one embodiment, includes receiving, over a network, one or more sensor-recorded data elements related to information selected from the group consisting of: product identification, condition associated with a consumer product at a particular time and/or place, location associated with the consumer product at the particular time and/or place, and current state associated with a consumer product at a particular time and/or place. The received data elements are used to create or update an entry for the payload of a transaction in a blockchain. The entry is sent for recording as a transaction in a specified blockchain ledger.
    Type: Grant
    Filed: May 18, 2018
    Date of Patent: August 25, 2020
    Assignee: Zest Labs, Inc.
    Inventors: Peter A. Mehring, Scott A. Durgin, Thomas C. Reese
    Bullish
  • B
    BigBucks
    So Walmart just lost the biggest judgment in the company history eco are exist won every single judgment against Walmart now that clears the path for Nasdaq up list and the new center Court asset management company to help them pursue mergers and acquisitions to their new eco-friendly natural gas crypto currency mining program I would say we are in good shape very good shape we're going to get to 20 just with the 4X Arkansas damages to be awarded and NASDAQ will push us over $50 share price
    Bullish
  • J
    John
    SHEP.HERE......................I am a very long term investor in big caps.(including WMT) I suggest that those of you who hold ZEST, look at what they do. Zest did win a suit, but don't expect money for a long time. Lawsuits take a long time to resolve. I have said from the first that all you need is a thermometer on a box to tell you about the viability of food. Anyway, Look at what this company actually does. They have 36 employees. (6 of those are officers) One of them looks to find investments. He was a former hedge fund manager. His salary at Zest is 138k. (how many hedge fund managers do you know who make that?) Checkout the holdings of the hedge fund Trend Discovery and see what the guy invested in. Zest is floundering into this and into that and no real purpose. Links that come up are Magnolia Solar and Pioneer Products. And oil drilling--- look at how much it cost to drill those wells. And the latest thing Crypto----------------------Zest is floundering. Put your money into something safer.
  • M
    Moriarty
    Don't have a position. Just thinking out loud.

    The case is one of misappropriation of trade secrets and not a patent case. Looking at the headlines, I'm GUESSING that the majority of the award is most likely for punitive damages, with a MUCH SMALLER portion as compensatory damage. So it seems to me that the value of Ecoark/Zest Labs trade secret(s) is not that great, according to the legal system. Otherwise the compensation portion would have been HUGE, and Ecoark/Zest Labs would have received an overall total award closer to the $2 billion that they sought. Especially since Walmart has used the misappropriated secrets for a few years, and benefited from it. In other words it wasn’t a one day benefit for Walmart.

    On the flip side: If, however, Zest Labs trade secret(s) is worth a lot, then Walmart’s “guiltyness” is a matter of degrees. Perhaps the court determined that Walmart had added so much value through it’s own research such that Zest Labs trade secret(s) played less a role in Eden than what Ecoark/Zest Labs wanted to believe? Hence the small award. Even then, Walmart will likely get the award reduced.

    As a trader on the sidelines I see that ZEST was much lower the past couple of years. So I have to think that the recent higher shareprice has factored in an expectation of a much larger award. Still, it’s difficult to know what will happen Monday. I think there could be an initial pop on the headline news of a court win, then a drop. Eventually ZEST will drift lower to under $10. At some point I will probably go long.
  • C
    Corey
    What needs to be understood is that this is a loss for those who are expecting a $1 billion verdict, but this is a huge win for zest and ecoark.

    Let me explain why the damages were so low compared to what everybody was expecting, and why this is a good thing for zest. The pretrial transcripts that are available at the courthouse showed some of the back and forth between zest and Walmart regarding damages for a 20 year reasonable royalty. Zest wanted a reasonable royalty based on one sensor for every pallet in every truck. Walmart on the other hand argued that they only wanted three sensors per truck. Understand the difference in what both parties are arguing. Zest wants a royalty for every sensor placed on a pallet regardless of the number of pallets put on a truck. Walmart wanted to just pay for three sensors per truck.

    Judge Moody ruled the issue in favor of Walmart, and so if the issue was ever put to the jury, the damages for a 20-year reasonable royalty that Walmart would pay zest would be based on three sensors per truck.

    To make matters worse, Even if zest were to win damages based on that 20-year royalty, not only would they not be getting the money that they think it's worth, they would also be giving Walmart a 20-year license to use their technology because you cannot pay for a 20-year royalty and also be enjoined from using that technology.

    Zest recognized that their tech was worth waaaay more than a 20-year realty based on three sensors per truck, and so they didn't give that issue to the jury. So now, Zest has won actual damages for misappropriation of trade secrets, they have won punitive damages, and they have won damages for breach of non-disclosure agreement. If Walmart wants to use zest technology, they are now going to have to pay for it from ZEST, and they are going to have to pay for it according to the terms that zest puts forth and not what the judge handed down during pretrial proceedings (a royalty based on three sensors per truck).

    As far as I can see it seems Walmart is between a rock and a hard place. Looks like they resolve their position by either buying out ZEST (at an agreed upon valuation which would include royalties owed), paying for sensor usage at agreed upon terms, or go back to court for this issue. The 2 billion dollars was originally based on all counts including sensor usage, additionally the many other companies using ZEST technology that was not aware.

    By no means am I a legal expert or anything like that, but I would love to hear everyone's thoughts on these matters. I also feel this is a massive story that is grossly underreported.

    Note: In the globe news wire article below, the ceo Randy May says the following after the case:
    "We plan to file an appeal of some of the Judge’s pre-trial rulings to make sure that Walmart is held fully accountable for its actions. The appeal will allow Ecoark and Zest to seek additional liability and damages findings against Walmart to ensure that innovative businesses are protected from misappropriation of their technologies."

    This potentially indicates that further action is to be taken, possibly a private settlement with Walmart or further legal actions.
    Bullish
  • R
    Really
    I am not a fan of ZEST. However, today's price action was not "market" activity. I wonder how many brokerage firms did not allow their customers to buy the stock? With restricted buying, a market does not exist.
  • C
    Coach
    Wells Trade has restricted my purchase. Anyone else?
  • 1
    10XBirdDog
    Guys you need to understand something that Zest could have gotten a ruling on 20 year royalty on three sensors per pallet... And we would have got our pay day... But they chose to wait and appeal and go for every pallet. That's what this comes down to and makes sense!
    Zest at worse case scenario can decide to accept 3 sensors per truck and get that payout OR go after the 15, which is what they are doing. Either way we are looking at billion + dollar award
    Bullish
  • M
    Matt
    Anything under $6 is oversold. 24M shares x $6 = 144M in market cap. Will probably have 60M in cash after attorney fees and taxes.
    Neutral