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StockAlphaDave I do not have the transcript but I read the claims of 998 and if you are correct this is beyond Herculean. Especially if you couple claims 2 and 7 that were just validated.
I am not convinced that people realize the gravity of these validations and what it would mean to the gaming industry. I wander if people realize that there are gaming tournaments with payouts of a million dollars plus. If it was not for avatar location and number of opponents there would be no gaming industry to speak of and almost certain technological advances would not have thrived as history has recorded it.
That is the deadline but at times they have taken longer. I believe it will be tomorrow.
Perhaps I did not make my point. If the USPTO has validated claims the probability to allow the same arguments are moot especially since all the most applicable prior art has been scrutinized. Also if the USPTO were to allow it they would have to use the narrowest definition so again moot. Therefore USPTO will not waste there time.
Why would counsel "settle" when they can gut ATVI like a cod fish? All indications is based upon the past three years shows ATVI will loose. Every time they put up a road block WDDD prevails. Since claim 5 and 7 were validated a few days ago what would Call of Duty be without positioning and number of other opponents. Answer go ask any gamer and they will tell you there would not be a gaming industry without it.
Why would another "shill" as you put it try to file if they do not think they are a target and even if they try they would not be considered/allowed on any item WDDD has won.
There is no need in serving notice to all the other targets at this time so money is not an issue. Counsel laid out his strategy two years ago. We first have to hurdle ATVI. Once those steps have been taken the companies will be dealt with accordingly. Counsel has had a list of offenders for a while. The offending companies will not be able to go to the USPTO. The offending companies won't be able to fight as the ATVI verdict will have set the precedent. The offending companies will be dealt with for the amount of years they infringed. It will be a cascading effect of victory after victory. What we need to do is sit back be entertained by the show and watch counsel.
As for keeping lawyers busy there will be no problem with legal fees after ATVI is found guilty and get to pay treble damages.
No they can not.
So how many titles from the 50 top companies are involved and then what is the dollar amount that these titles generated. The fees involved should generate several billion dollars a year and at a multiple of 25 which in the current market is fair you are at 50 billion for many years to come.
Counsel was not worried about this because once we hurdle ATVI and all is solidified WDDD can go back for the applicable years of the infringement.
Counsel would be the more appropriate person to ask but as I remember counsels words there are rules of appeal that will have to be followed. I believe the paperwork for the USPTO must be filed within 60 days of ruling. As for appeal of the circuit court ruling the first objective is to get a ruling and then you appeal the portion of the ruling you disagree with. If you want to know counsels strategy he has previously laid it out step by step for all to read. You just have to do research, read, and connect the dots.
Judge Casper did limit it back to 2013. However, if you research counsels words at that time you will discover that an appeal will change that. The United States Code states that anytime a patent owner is deprived of their compensation due to a mistake of the USPTO the years lost are placed on the back end. So whether we win today or next December I expect a 15 year stream of cash which is why we need to sit back and watch the show and let counsels expertise take down a modern day Goliath.
What would the appeal be with Grand Theft Auto, World of War Craft, and all the military games be without avatar positioning? Then how much is it worth to the owners of at least 25 titles to settle in the near future as opposed to being dragged thru the mud and then there stock holders realizing the executives have not looked after the fiduciary duties to make them wealthy.
How sympathetic will a jury be when ATVI is exposed for blatant activity that was premeditated and then they can be on the hook at a multiple of three? If past history of corporate misbehavior repeats itself this will change the gaming industry. Finally, per the United States Code these patents can go back as many as 15 years so the full revenue stream can be realized which was counsels plan two years ago if anyone cares to read his words. To find his words Google his name, this case,and research this site and the dots will be connected regarding the strategy of this case. The key is to sit back and trust counsel and their expertise. Yes this may take a little more time but what else can you buy for a few pennies and within a few years it is worth many dollars.
Excellent question. Perhaps counsel will make a public statement. If you go back several years counsel said that appeals take time but he was confident. I think some people should remember the track record of counsel. Also if the stockholders loose so does counsel. Most of us realize that with 50 plus claims we would probably loose a few but to loose all 50 plus is near impossible and all that is needed is one claim to go thru.
So how many claims has the USPTO dismissed out of the 50 plus claims?
That is what appeals are made for. There is to much money on the table for WDDD attorney to walk away. Also the two warning shots that the Supreme Court fired has been arrogantly dismissed by the USPTO. I suspect Justice Roberts may be weighing in on this and other soon. This is an issue of property rights.
How about the rationale that the lawyers are also risking and I have to believe they have already planned a backup plan. Supreme Court Justice has already fired two shots over the bow of the USPTO.
With 50 plus claims I will venture to say that we are at a 95% plus odds of winning. Snow balls chance they will have all claims thrown out. Even Judge Casper was willing to move forward and I doubt she was willing to waste the courts time if there was nothing there to adjudicate.
You asked me what kind of person uses intrinsic value for......
You can start with a person that does not follow the herd, that quants are paid well for a reason, and that algorithms are used to create volatility not truth or objective reasoning.
I would suggest reading the book, Security Analysis, sixth edition, Benjamin Graham and David L. Dodd. Then read Algorithmic Trading & DMA,Barry Johnson, 2010. When you have read and fully digest the information I can give you thirty other titles to read.
In the event you are unaware of Benjamin Graham he is one of the mentors to that impoverished guy named.......... Warren Buffet.
If I am wrong prove your position show some links or other resources and then we can compare but to assert I am wrong without links to your sources is out of bounds.
Well unless Invivo has been lowered on the listing the requirement is $4 p/s at the NASDAQ level they are currently listed with the exception of a 90 period. I challenge you to do a little reading within the Invivo disclosures and I believe the facts will present themselves to you.Please review and point out my mistake or yours either way.
http://www.invivotherapeutics.com/press-releases/invivo-therapeutics-announces-listing-transfer-to-nasdaq-global-market/
Go to item # 5405 and read for yourself $4 per share minimum.
http://nasdaq.cchwallstreet.com/NASDAQTools/PlatformViewer.asp?selectednode=chp_1_1_4_2&manual=%2Fnasdaq%2Fmain%2Fnasdaq-equityrules%2F
Yes it is up. What happened is market makers and algorithms. That still does not mean the intrinsic value is here at this time. All it tells me is emotions and gamesmanship are at play.
So please explain to me or someone else you may know. Make me smart and give me a link or resources to disprove my thoughts.
1. What has the board, management, employees of Invivo done in the past six months to justify this very high valuation as it is at least three dollars per share overpriced?
2. Why do the executives not put their money on the table and buy on the open market. I realize they do not have to. Would it not demonstrate to the market that they are convinced in the Dr. Langer brillance or will it convince the market they are taking large compensation on the backs of the shareholders? I would think a person making hundreds of thousands of dollars per year could afford $1000 per month as a token of faith.
3. Janet Yellen has promised that within the month of December 2016 that rates will rise. This will affect the entire market. Are you prepared for a haircut?
Thank you for the response. I read your words as three points that all say.... too soon. Also agreed within the employment agreements they receive warrants and grants.
So that being said then correlate for me what has been done by anyone within the Invivo board, management, and staff within the last six months to cause the valuation to be as high as they currently are? Your point that it is to soon to affect the balance sheet is one of my assertions.If it is too soon to affect the balance sheet does it not stand to reason that intrinsic value then comes into play. Which mathematically means this company is overpriced by three dollars per share.
Also, I understand that talented rare skill sets demand higher than normal compensation with perks; I have no problem with that. What I do not understand is why they as compensated leaders paid for by the investors of the company that expect stock holders to put their money on the table and purchase shares but they cannot do the same. Where does the concept of lead by example come into play? Would it not show the market that they are willing to put there mouths, beliefs, and money on the table? These are the people that know the real truths. By refusing to put their money on the table they scream to the entire world, " This spine thing may work but I am not willing to believe Dr. Langers brillance has merit enough to bet on it but it is worth sucking the shareholders dry."
Thanks for the reply and I do not take it as a challenge or negative. I appreciate other peoples thoughts and ideas. My intent is to find someone who could give me facts to counter my thoughts and beliefs. Maybe someone else can an answer the three questions. Yes the market is bi polar, full of tricksters, and some very good people of which there are gullible and naive investors that do not connect the dots.
Have a good day.
Can anyone answer these questions?
1. Can someone list for me the items that have affected the balance sheet and return on investment over the last six months that would cause the price to appreciate to this level?
2. Then can you demonstrate that the executives and management are putting their money into the company?
Do you realize the FED increase in December will negatively impact the entire market including Invivo.
3. So tell me how will you feel when an immediate haircut is given upon that pronouncement?
I have spent hundreds of hours over the past three years completing due diligence on Invivo Therapeutics. I have many metrics not the one metric. I thoroughly believe based upon many hours of research exclusively on Dr. Langer that he is second to none. I also agree there are certain members of the board and management that are world class. Read all my words to completely understand my intent and then answer the questions at the bottom. Perhaps you can enlighten me with fact and not emotions of the herd mentality; which I do not participate in. If you can do that I will admit I was wrong.
I do agree with free market philosophy and implementation but just because a car dealer wants $150,000 for a car does not mean it is worth over $30,000. Your statement about $12p/s is correct and it would also be correct that you could have used $18p/s. You could also have used $3.50 or even $2p/s It is also correct that market makers use complicated and sophisticated algorithms in order to cause volatility. It is also correct that certain people use smoke and mirrors, illusions if you will, to cause a stock or market to move one way or the other. Many times it works many times it does not. Sometimes it is legal sometimes it is not. It is also correct that this stock must stay at $4p/s to remain within the NASDQ listing that it currently has... with I believe a 90 day correction period if it were to fall below $4p/s. It is also correct that the current market maker was chosen because of there sophisticated and aggressive algorithms to keep prices high as possible per Invivo words...not mine.
Now my question again is and I implore you to give it your best try and if you cannot; find someone who can by intelligently answering the following.
1. Can you list for me the items that have affected the balance sheet and return on investment over the last six months that would cause the price to appreciate to this level?
2. Then can you demonstrate that the executives and management are putting their money into the company?
Do you realize the FED increase in December will negatively impact the entire market including Invivo.
3. So tell me how will you feel when an immediate haircut is given upon that pronouncement?
Thanks for the link. Due Diligence is always appreciated. I read the entire document and was pleased when on page 15 I confirmed your post. I appreciate your view and agree. I also enjoyed additional words contained within. Now I think back to the Supreme Court Justice John Roberts words that fired a clear and decisive warning shot within the past year at the PTAB. Now the President elect and the Republican Platform have fired the second shot. I believe if there is a third shot it will be the complete cleaning up of management and executives at the PTAB.
The Fifth Amendment:
Intellectual Property Rights Private property includes not only physical
property such as lands and homes, but also intellectual property like books and patents. Article 1, section 8 of the Constitution gives Congress the
power to safeguard intellectual property rights for “Authors and Inventors.” By protecting the proprietary rights of creators and innovators, the
Constitution promotes the general welfare by providing incentives for investment in all sorts of technology and artistic works. Intellectual property is a driving force in today’s global economy of constant innovation. It is the wellspring of American economic growth and job creation. With the rise of the digital economy, it has become even more critical that we protect intellectual property rights and preserve freedom of contract rather than
create regulatory barriers to creativity, growth, and innovation. Protecting intellectual property is also a national security issue. We must guard against counterfeit parts that can compromise the reliability of our weapons systems and the safety of military personnel. Today, the worst offenses
against intellectual property rights come from abroad, especially in China. We call for strong action by Congress and a new Republican president
to enforce intellectual property laws against all infringers, whether foreign or domestic.
The 20% I attribute to emotion and a good mm algorithm.
Can you list for me the items that have affected the balance sheet and return on investment over the last six months that would cause the price to appreciate to this level? Then can you demonstrate that the executives and management are putting their money into the company?
Do you realize the FED increase in December will negatively impact the entire market including Invivo. So tell me how will you feel when an immediate haircut is given upon that pronouncement?
No they do not. This is overpriced by three dollars per share. Intrinsic value that would justify this valuation has not been met. All that is here is a gamble. Granted, Dr. Langer and several others are top shelf, second to none, but that does not change intrinsic value.
I believe replacement of Obama Care would be a benefit at the macro view to medicine and the American taxpayer. In a perfect world yes Invivo and others would benefit. You and I do not live in a perfect world. I am a realist in that the twenty million people under Obama Care plans will be considered once this is negotiated out. Trumps assertion that he will with the stroke a pen repeal Obama Care is fine but Congress has to at a minimum pass a one line piece of legislation.The 20 million on Obama Care will not be thrown out, day one, instantaneously. Finally, Trump has alienated all Democrats, half of the Republicans, and a myriad of other groups so this negotiation for a Trump plan with Congress is many years but it is a great talking point.
I appreciate the question and discussion. What is the next topic?
I can respect your opinion but as far as balanced that means that you weigh both sides. I agree Dr Langer is top shelf, the board members and management staff appear to be the cream of the crop.
I made my conclusions based upon the reports the company has been filing over the past five years. Yes there are many fine hospitals and expert doctors involved but if one were to spend the time and look at what the hospitals do such as Iowa University system you have a number of 57,000 total patients for 2015. However, subtract out the sore throats and other minor ailments at the walk in clinics along with oncology and the other 198 specialties this system advertises. Then I considered that I did not see anywhere in there literature that they were the go to system for spine, back, cranial and major trauma such as one would have from blunt force, gun shot, and car accidents within their region or state. If one would further research the other medical facilities it is no wander that only ten patients have been allowed into the study. Then you have the insurance industry own studies that are bleak at best for reimbursements which means companies such as INVIVO will be forced to receive much less than they should just to be in the market place. I also made my conclusion based upon the world economic outlook for the next few years. Items such as the feds gaurantee to raise rates which will affect the market volatility, housing starts, and all the new jobs created that pay next to nothing, the federal debt, the ECB and JCB coupled with Brexit not to mention Turkish Lihr and Mexican Peso taking a dive. All of these factors along with many others brought me to my conclusion.
Feel free to continue to offer up your thoughts as I always appreciate the intellectual challenge.
From your response it appears you also read about the University of Iowa Hospital system. Yes they did have 57,000 patents but a lot of the cases were for minor items at the quickie care centers scattered throughout the system. Caveat Emptor.
Interesting post. I am glad that you recognized, "long for the short term." The fed is scheduled to raise rates next month, overall stock valuations are at an all time high, this company will not have cash flow for years, all one has to do is read the last corporate press release. It will tell you 2020 before one of the studies is scheduled to be complete and then probably another year before a possible approval.
Was the dollar per share you made worth the risk for the ROI?
Have you checked the charts lately? I do not think we are looking at the same chart or considering the same company.
Executives are not buying into the company. They are being compensated well along with there stock options. No cash flow until 2018/2019. Little to no news from the company regarding updates of patients. Burning over a million a month in cash. Cash is depleted by the end of 2017. So what then another dilution? Lets see last time was four shares for one share and that was not enough, will they do eight shares for one share or why not go twelve shares for one share? Will the lucrative warrants be issued to cover expenses for a few more years to "friends or insiders"? Now the chief medical officer "retires". If you look at the amount of hours(read the corporate documents) she spent per week at Invivo and consider her handsome compensation you should ask why would she retire? Does she know something that the shareholders have not been told?
So they want to also go into the socialized medicine countries in Europe and Canada. I have lived in Europe and health care rationing is a reality. Those systems are worse than Obama Care which is good if you are broke, without a job, or the working poor, but if you are wanting to collect profits from these countries...good luck.
On October 16, 2016, the CEO stated the following on the Invivo Therapeutics website.
"Financially, we are in a strong position with cash that should last through 2017." "and submit for HDE approval in late 2017 or early 2018.
1. So at the end of 2017, fourteen months from now, do we expect another dilution since the bank account will be empty?
2. Should we expect another reverse split?
3.Will additional shares be issued along with sweetheart warrants to the insiders for a few pennies?
4. If this is such a deal why is there no filings of management and the executive staff purchasing shares?
5. While I appreciate the CEO's candor. Cash Flow will not happen until 2019 minimum.
6. They sure don't mind taking stock options and handsome compensation.
7. Does it not stand to reason if this is the next "Big Thing" in health care the Board of Directors and Management team combined would be at least buy a few thousand shares between them if not tens of thousands of shares over the course of the last year?
8. Why does the management team communicate infrequently to the people that are funding their salaries and other perks?
I am relaxed. I only asked you a few questions. Sorry you are only in the mood to write and not illuminate with your thoughts. I was hoping for intelligent conversation. Obviously I was wrong.
So what does the TICK SIZE PILOT PROGRAM have to do with anything? This is only a trial that will last for two years. It has nothing to do with intrinsic value, FDA approval, ROI, or company performance. The stock can still be bought at increments below the five cent level.
http://www.finra.org/industry/tick-size-pilot-program
By the way you never answered my last question from a week ago. The question was: Based upon your model when will this stock hit 20 p/s. You wrote it surely you can enlighten the rest of us? Please include the details and nuances of your thoughts. I look forward to your input.
I do not think NVIV is a buy out target anytime soon. The first trial has not been completed. Why would a company buy this out when there is nothing approved yet? You are putting the cart before the horse. If you research the past you will find that the CEO stated he would listen to offers but he had no intention of selling. Also in the corporate presentation it states "possible vertical integration with an established sales force." This could be worth 10 p/s in several years but not anytime soon.
Remember there is no revenue for the next 2 plus years minimum. Several other trials have to be started and completed over the next four years before this will be considered a winner. Then you have the other factors such as retiring chief medical officer, the election, the fed signaling that they are raising the rate which will effect the global markets, minimal information comes from the company leaving investors with nothing, and an executive staff and board of directors that are not purchasing the stock of the company that employs them. They do enjoy handsome salaries, benefits, stock options, and other perks.
You never did tell me based on your model what year NVIV would have a market cap of 600 million.
Based upon your model what year will it be to arrive at the market cap of 600 million?
If you are referring to me you are incorrect as I am not the old CEO.
If you are referring to the fact that the companies performance is less than desirable, received a black eye from the FDA, loosing the chief medical officer, the revenues were pushed back at least a year or two, and there is little news regarding updates, executives are not buying into the company but are compensated handsomely. I would say these are the influences and not the old CEO who is doing his PT Barnum act elsewhere.
You and I must not be looking at the same company facts. Lets see you claim this is a great buying opportunity.
The FDA has thrown the studies back at least a year. Revenues will not be until 2018-2019 at a minimum. The gel study is many months out. The cervical study cannot start until the current study is proven. The Chief Medical Officer is retiring. The executive staff is not buying into the company but are happy to take handsome salaries, benefits, and stock options. Limited updates from the executive staff as to the progress of the study and patients. Couple all of this with the unknown of the election. Finally, the Fed is signalling they will raise rates which will effect the global market. The intrinsic value of this company is .80 cents per share. Not the overpriced absurd 4-5 dollars per share it currently is at.
Gents....if I understand your cryptic message it reads as if you think this stock will rebound soon and rebound in a big way. If so, lets see how the ballast weighs the facts.......true or false.
The FDA put this company back at least one year maybe two years in last weeks investor presentation update so it will be 2019 before any cash is flowing. The gel is still at best a year out before it will be allowed to be placed into trials. The cervical trial is many months away before it begins. The monthly burn is 1.4 million per month. At this rate all the cash on hand will be used and then another round of financing will be needed which consequently will dilute all shareholders. The executives continue to take handsome bonuses, salaries, and stock options. If they were worth their salt they would be putting out press releases stating the dollar amounts of their money they have invested. The CEO if I am not mistaken was to put up a kings ransom to purchase stock from the open market within the first year of his tenure. This is a great idea but unfortunately a growing disappointment.
3dknerd do you also feel that copyrights are unfair?