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Interesting however a patent lawyer would have to give advice:
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v t e
In the United States, a patent provides its proprietor with the right to exclude others from utilizing the invention claimed in that patent. Should a person utilize that invention, without the permission of the patent proprietor, they may infringe that patent.
More specifically, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent.[1]
No infringement action may be started until the patent is issued. However, pre-grant protection is available under 35 U.S.C. § 154(d), which allows a patent owner to obtain reasonable royalty damages for certain infringing activities that occurred before patent's date of issuance. This right to obtain provisional damages requires a patent holder to show that (1) the infringing activities occurred after the publication of the patent application, (2) the patented claims are substantially identical to the claims in the published application, and (3) the infringer had "actual notice" of the published patent application.
Finally a positive look. Remember any stock can tank or go up. However this company is still fundamentally sound.
Thanks were here lets see what develops.
I am really surprised on this board. This company has reduced debt, purchased new equipment, and entered into contracts for sorghum. Now that a r/s is mentioned which is a reality based on the built in time limit all of sudden this company has done nothing. Clearly the r/s has to be put in place however if they can avoid they will do so. I agree with you pavement lets calm down and see what this company does this quarter, and the guidance given. There is no change from the company we had before the announcement, this is why when investors on this board talk of gold cross, red cross, pedestrians don't cross I am not impressed with this knowledge. If you have all technical knowledge and the minute the company gives news that you do not like your first response is "Man overboard" you might as well invest after you read "Tea Leaves." Even if it goes down this is not new for investors because news can have an effect. However I have seen nothing yet, in terms of fundamentals that would be adverse at this time. Until then, gentlemen and ladies lets hang in their.
I called several weeks ago and was told even the middle or end of March. Q1 I hope is the winner. However, we could get good guidance from quarter 4 and maybe some news on how the machinery is working. Anything positive will help.
Clearly being manipulated. Only good news can help. Lets see what the damage is tomorrow.
Several weeks ago I decided to call a broker at TD Ameritrade to
ask him about shorting and if he had any stocks to sure he said no. Clearly it is hard to get these stocks for shorting. So I just dropped the idea.
Once again I agree this company has come along way since the Bk. It must take all precautions to assure it maintains its listing on the Nas. The R/S in no way changes the ability of the company to make a profit. That is determined by Cost/Benefit. Also staying on the board gives it a greater chance to have a buyout and investors. For to long this has been Short Heaven. Even if the 4 quarter is not so great it will be better then the third and 1st quarter guidance will also cause the price to rise. Remember Warren Buffett purchsed 6 million shares in Archer Daniels Midland which is losing money. Shareholders will look long term which is not that far off for profit with this company. Pavement thanks again for your studied advise. I am a little disappointed that some people on the various boards who appeared to believe in a price rise and this company seem to be jumping ship. Thanks again Pavement.
I would agree. Or before depending what profit I can make.
Clearly ethanol is here to stay. Thanks for the article.
Do you see the reverse split as damaging?
That I would have to do some research so give me a few days.Thanks for your comment.
Do you think if Peix reaches 100 per cent ownership. Their will be a buyout?
Who likes ethanol?
During the course of 2012, investing in agricultural stocks proved to be tricky. One of the nation's worst droughts on record up-ended the business model of so many companies as crops wilted and cattle were brought to premature slaughter.
Yet there were a few beneficiaries of the drought.
Back in July, I suggested that Bunge (NYSE: BG) and Ingredion (Nasdaq: INGR) would prosper, and in that time, they've scored gains of 22% and 42% respectively.
Back then, I looked at another major agricultural play, but sensed that it was too soon -- perhaps the back half of 2013 and into 2014 was the time to really focus on this company, I thought.
Warren Buffett has other ideas. He's already loading up on shares of Archer Daniels Midland (NYSE: ADM), acquiring 6 million shares in the fourth quarter of 2012 at an average price of $27. Shares have risen a bit further since, and show signs of breaking out of a longstanding trading range.
Though the turnaround for Archer Daniels is several quarters away, Buffett and others have begun buying now.
Here's why...
For starters, Buffett likely took note of the fact that tangible book value stands at $29 a share. Even after an impressive recent spurt, shares trade just above book value. Also, Archer Daniels is copying the moves made so successfully by rival Bunge --opening a series of grain- and soybean-processing facilities around South America to capitalize on a region that is less likely to experience drought.
In addition, Archer Daniels is slowly de-emphasizing ethanol production, which had consumed a huge amount of capital with only modest returns. The company is the industry's biggest ethanol producer, and if rivals also curtail production, then ethanol pricing will likely firm up. If the U.S. government moves ahead with plans to adopt "E15" (gasoline that uses 15% ethanol), then demand and pricing should also boost Archer Daniels' results. (Gasoline prices have also been rising this winter, which makes ethanol comparatively more attractive, even if E15 doesn't come to pass and just remains E10.)
As it stands, the national quota for ethanol will rise 4.5% this year to 13.8 billion gallons, though that remains below the industry's structural capacity of 14.7 billion gallons.
Of course, the near- and mid-term future for Archer Daniels will hinge on U.S. growing conditions during coming quarters. The company is very volume-sensitive, so if our nation's corn output rebounds, then Archer Daniels' processing facilities will be closer to full utilization. And a firm corn crop reopens the door to U.S. exports. "ADM has greater exposure to U.S. corn exports than Bunge, and would likely be the bigger beneficiary of the increase in U.S. corn exports we expect starting in February," noted analysts at Morgan Stanley.
To be sure, Buffett never takes a big position in a big company on a whim that climate conditions will produce favorable results in coming quarters. Instead, he likes businesses that have wide moats and generate considerable free cash flow. Archer Daniels sure has a wide moat, but the cash flow generation has been erratic. The company alternates years of positive free cash flow with negative ones. On a cumulative basis, it has generated a $5.6 billion free cash flow loss during the past six years.
Yet in the past few quarters, management has begun speaking of a much greater emphasis on capital allocation, returns on investment, and importantly, free cash flow. Indeed, during the past three years, Archer Daniels has invested roughly $6 billion in capital expenditures (capex) to boost the profitability of its divisions. Those gains aren't yet in evidence, due in large part to the drought of 2012, but should bear fruit as crop conditions return to normal. That's surely what Buffett is anticipating.
The stars were last aligned for this company in fiscal (June) 2009, when Archer Daniels generated $3.1 billion in positive free cash flow. Compared to the current $21 billion market value, this ratio apparently impresses Buffett.
The key question: Will Archer Daniels return to that financial strength soon? Analysts at BMO Securities believe so. "ADM's earnings power likely has increased with recent capex projects that have expanded the company's capacity and reduced its cost structure." Although per-share profits have been stuck around $2.50 in fiscal (June) 2012 and likely again in fiscal 2013, earnings per share should approach $3 in fiscal 2014, according to BMO.
Risks to Consider: Precipitation remains below average across much of the United States this winter, so a drought in 2013 as well can't be ruled out.
Action to Take --> Archer Daniels' turnaround story has kind of slipped under the radar. The company hasn't made bold headlines with its $6 billion business revamp, preferring to let actions (and cash flow) speak for themselves. Although shares have moved up off of their lows, they remain well below the mid-$40s range seen in the past major agricultural cycle.
P.S. -- The abundance of natural gas in the United States could lead to a third industrial revolution. One analyst is predicting a stock could rise 1,566%. Another stock has already jumped over 1,000% and is expected to keep going. To learn more about investing in the natural gas boom, click here.
David StermanDavid Sterman has worked as an investment analyst for nearly two decades. He started his Wall Street career in equity research at Smith Barney, culminating in a position as ... Read More David Sterman does not personally hold positions in any securities mentioned in this article.
StreetAuthority LLC does not hold positions in any securities mentioned in this article.
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The volume and the price now holding we are in for a very good ride thru March. Earnings will be middle or end of march.
If it was restarted this would signal the demand is going in a very positive direction. Thanks for the response.
Sadly you are correct. I invested in ESPH. They have the safest and cleanest machinery for fracking. They won awards. They are now suing Haliburton for trade secrets etc. We cannot just expect a company that clearly is environmentally friendly to win against big oil etc. However this company stock will go up and profits will be there.
Since Ethanol is the highest in California when to they plan to restart the Madera Plant.
We still have excellent volume.I do believe it could go to .33 and then start going back up. As an evaluation this stock has a lot going for. So I am not worried. Is there any indicators that lead you believe what it will go to. If you have the time I would appreciate it, since you were right on about 37-38 Friday. Thanks for your posts.
This appears to be a motion for reconsideration meaning the party wanted the court to take another look at the decision. However I am wondering if the Plaintiffs are claiming this decision interferes with the interstate commerce clause. Clearly there will be an impact to the parties. I would have to see what is the basis of the ruling. Thanks for the post.
This will not come out it appears before the earning date:
API is being joined in the lawsuit by the food industry, including groups like the Grocery Manufacturers Association, American Meat Institute and the Snack Food Council. The American Fuel & Petrochemical Manufacturers, the other large US oil and gas association, will file their own petition to the Supreme Court before an April 15 deadline.
News Source: Oil &
The opinion of the Circuit Court I would have to read. However, we see the fear big oil has and the profit in ethanol right now. I will look up the case and see what it says. Lets hope the Supreme Court refuses to hear.
It does appear there is an uptrend. I do believe Peix will end today no less then .3825 and on the high possibly .395. It is true there have been many times that it hit over .40 at the last minute of trading however since this is the first day the market has not taken a bad hit I doubt it.
Thank you great article. However, how much will the use of sorghum play in fulfilling the need. I would like to see an article it use.
Thanks for the reply but still there is no verdict and when there is I am sure you will see an appeal. Nonetheless, thanks for your response.
Could you give a site were they have the actual court ruling.
Hopefully not but I am disappointed with the news it did not go higher.
Thanks to all you guys for the explaining the charts. You do a great job.
Yes but good news will have to break it.
Great news Barcharts Trend spotter has a buy. Analysts 2 out of three say buy. Lets see what happens in next two weeks.
I agree however I am happy to see some movement.
Andy
What do you think we will hit now. We have the news plus articles.? Any prediction what it will be worth at the end of today?
Thanks for the post. NBS is clearly in their and should go up. They are at least making money and not just selling hope. Thanks for post duncin_roy.
I own this stock with all the good news and the fact they make money why is it not higher. If it goes to 80 cents when do you think it will do it? And yes I like the fact the Vatican is involved remember all the Catholic hospitals, medical schools and clinics world wide. Not to mention the fact that can encourage their members to store stem cells. Aside from the fact I am a Roman Catholic and love my religion.
I agree, Reverse splits tank within a week or two, only thing you can count on is news. Safe bank get and then back in. Thanks for the post.
Funding is needed. Without it the company goes bust. I do think there will be funding. This is a great portfolio of positive drugs and news.
The volume was outstanding. Secondly usu has to raise the price above a dollar. Therefore either a reverse split or more good news.
The volume was outstanding. Secondly usu has to raise the price above a dollar. Therefore either a reverse split or more good news.
I agree.
Good analysis. Clearly this stock is on the rise. However it has trouble closing above 75 cents. Lets see what next week brings. I do feel a contract with SWN is on the way.