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I know this rule and the key word is "may". However, I believe they would probably turn down the R/S unless VPOR has some very strong grounds why it would need to do this before the financials are in order. Either way I believe an R/S will indeed happen in the near future but probably after Fins.
On the sidelines at least until fins
What documents are required for a stock split?
The company needs to complete the Issuer Company-Related Action Notification Form and submit to FINRA no later than 10 calendar days prior to the record date of the corporate action. Submissions can be set via email or fax to (202) 689-3533. Failure by an OTC Equity issuer to provide the requisite notice may constitute fraud under Section 10 of the Securities Exchange Act of 1934.
https://www.law.cornell.edu/cfr/text/17/240.10b-17
Where do you see that requirement?
How do you ascertain that smartwheels is VPOR? http://sonicsmartwheels.com/
These guys have been in business since before Dror formed his latest company - https://www.facebook.com/SonicSmartWheels
I had a position and I am currently on the sidelines. If you want a discussion forum with all wearing rose colored glasses then I say you're not being objective. If you do not agree with my thoughts then by all means counter argue. Asking someone to leave for a difference in opinion goes against the concept of a discussion board.
Why do you think VPOR is a sound investment?
From their website:
"Dedicated to a new generation of innovative brands, Vapor Group, Inc. has placed its mark as not only a developer of quality electronic cigarettes, vaporizers, and Made in the USA naturally flavored e-liquids, but also as manufacturer and marketer."
When it comes to the 2-wheel balancing boards they are neither a developer nor a manufacturer but simply a marketer (retail).
I am curious to how to value this company in a positive light after:
1. They are on the 3rd CPA in one year
2. Annual 2014 and all 2015 Financials not filed.
3. AS is 8 billion shares (and I believe most have issued)
4. They jump from e-cigarettes to 2-wheel electric scooters - the only commonality is that both run on electricity but obviously to very different marketplaces with different customer/prospect bases
5. The CEO has a tainted history with public companies
6. VGR Media was supposed to be a great savior - mum's been the word here in 2015
7. No update on OTC markets since Nov 13, 2014 so it gives a very wrong picture - an issuer can update OTC in a few minutes so why not keep investors up to date?
Market Value1 $214,914 a/o Nov 19, 2015
Authorized Shares 2,000,000,000 a/o Jan 15, 2014
Outstanding Shares 429,827,024 a/o Nov 13, 2014
Business Description (from OTC Markets - written by the company)
Vapor Group, Inc. (formerly named AvWorks Aviation Corp.) designs, develops, manufactures and markets high quality, e-cigarette brands which use state-of-the-art electronic technology and specially formulated.
Why do you find this to be a sound and lucrative investment?
So we agree their MO used to be "US Made" - i do realize what they outsourced but they wanted to be portrayed as Manufacturer/Distributor and not a straight retailer. Trust me I know, I also have an extensive network overseas and get just about anything with whatever logo - actually so can anyone - just go to Alibaba.com.
My point is that the negative pile IMO is getting higher: No Financials, Jumping on a new Fad with China made boards at high prices, history of the CEO, 8 BILLION shares outstanding or very close, R/S looming and must happen. IMO the chances of this company going under in its current form is greater than the stock going up 10x.
Come on, how much is a store worth with nothing proprietary? By the way, anyone find that NY store? Is it open?
yes but VPOR's MO earlier has been as a manufacturer, now they are venturing into a very crowded new space with a product priced in the high end. Does not make any sense to me, focus is everything.
THERE ARE TONS OF COMPANIES SELLING THESE ITEMS, INSIDE AND OUTSIDE THE US. ALSO NOTE THAT VPOR DOES NOT MANUFACTURE ANYTHING BUT SIMPLY BUY THESE FROM A CHINESE MANUFACTURER WHO WILL SELL TO ANYONE AND BRAND THEM THE WAY YOU WANT.
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=electric+scooter+board&tbm=shop
https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=2+wheel+scooter&tbm=shop
http://www.alibaba.com/showroom/two-wheel-scooter.html
why pay 2-3 times more when you get it straight from China, free shipping, no customs duty?
http://www.aliexpress.com/cheap/cheap-electric-balance-board.html
Whizboards also come from China.
Also plenty available here in the US at better prices and better ratings:
http://bestelectrichoverboard.com/
This makes no sense and the re-focus of the business is a warning sign to me along with the fact that VGR Media seems gone silent, no financials, huge OS, CEO background and the list goes on.
I for one think there's better investments out there.
Do your own DD
http://www.alibaba.com/trade/search?fsb=y&IndexArea=product_en&CatId=&SearchText=balance+scooter
plenty available in china at a fraction of the price
a far cry from vaping products. what happened to VGR Media?
reverse coming, beware here
where do you see the established trial date? last time I looked the pre-trial is scheduled for the fall 2016
Cancer Genetics, Inc. (Nasdaq:CGIX), an emerging leader in DNA-based cancer diagnostics, offering bench to the bedside solutions, today confirmed the closing of its previously announced public offering of 3,000,000 shares of its common stock with five-year warrants to purchase 3,000,000 shares of common stock at an exercise price of $5.00 per share at a combined price to the public of $4.00. Cancer Genetics’ gross proceeds from this offering were $12.0 million before deducting underwriting discounts and commissions, as well as other estimated offering expenses payable by Cancer Genetics. The underwriters were granted a 45-day option to purchase up to an aggregate of 450,000 additional shares of common stock and/or warrants. The underwriters’ option to purchase additional warrants was exercised and sold today.
I like to be positive BUT have seen this before - the case was Rambus (RMBS) against the major semiconductor companies. There was no way Rambus could lose, so we all thought. The whole story here: http://rambus.org/story/
The short version:
The stock went from a high of $150.00 to a few bucks
The patent case took so long that the patents expired - took about 15 years until the case was over!
so, even though I and a lot of others think that Worlds has the upper hand in this case it is not over by a long shot. It looks like ATVI will try to throw everything at the wall and if they go that route appeals take years and years.
I stepped to the sidelines a few months ago but am ready to go back in if I see something that tells me this is actually going to trial, there will definitely be a run if/when a trial starting date is only weeks away. That does not mean it can't sink again like a rock if a. WDDD loses or b. ATVI appeals. In that case, it's never wrong to take a profit.
Just my two cents after 20 years of following IP cases.
REH
Court date will not be set until after September pre trial conference
That sticky is still relevant
no idea what you keep talking about but don't see how it has anything to do with the discussion of this stock. you got the wrong board perhaps?
This is good news! I am still afraid we'll drift down for the next 10-12 months but then as we have a firm trial date and get to about a month before trial we should be moving north. This is when I plan to get back in unless there's dumping with conversions that drive the stock down to a good entry point (3-4 cents).
VRNG news is not going to help. The big guys seem to steamroll over the small entrepreneurial companies, what a shame.
I hear you. My point had more to do with the time factor. If the "drawing" is a year or more from now vs another "ticket" that has a "drawing" in say, a month I'd take the shorter time.
Everybody must make their own judgement. I have been involved in patent litigation cases for 20 years now, not always successful mind you.
Experience is the best teacher but the tuition can be high.
Best of luck to all.
Not a bad plan but a few "if's" more than I like. I am, however, keeping an eye!
stark: I believe WDDD has a good case! However, looking at various factors I, as an investor, believe my money can work better elsewhere for the next 12 months, maybe longer:
1. Trial date was not set at the last conference, instead we got new discovery and depositions happening.
2. The firm looks to need money as they need to pay the IPR attorneys and other expenses - on the low end they spend about $500K/year not counting accumulated salaries.
3. The company currently has a cap around $7M
4. Current Liabilities are north of $3M
5. Note holders are about to convert and it is not a given they will take a worse deal, at best a further diluting deal but these guys do not want to wait forever for ROI
6. MSJ is an obstacle in lieu of "Alice" - nobody can guess the outcome and ruling
7. IPR is another obstacle, this looks on the face of it harmless but again we do not know - if that goes forward Casper will surely approve a motion to delay this case
8. The timeline we received tells us that there will not be a trial for at least a year
soooo..... as an investor do you 1. buy/hold the stock here fully knowing there are no positive catalysts on the horizon short term (settlement does not seem reasonable pre-trial) OR 2. do you take your money and play a different table and keep an eye to see if risk/reward balance shifts?
I choose 2, not because I do not believe in their chances BUT because the table looks to be "dead" for 12 months and chances to MAKE money in that period looks very slim. Money needs to multiply, that's why people buy stock in the first place. If you can buy a lottery ticket for a drawing tomorrow, would you chose that instead of the ticket that gets drawn in a year?
just my 2c and don't forget my first line
does not sound like a trial until 2017-18:
"Initial Pretrial Conference set for 9/29/2016 02:00 PM in Courtroom 11 before Judge Denise J. Casper. The parties shall confer regarding the topics identified under Local Rule 16.5(d) and shall prepare and submit a joint pretrial memorandum in accordance with Local Rule 16.5(d) no later than five (5) business days prior to the pretrial conference. The pretrial memorandum shall also propose deadlines for the filing of motions in limine, proposed jury instructions, proposed jury voir dire and a proposed trial date."
Motions in limine could take the good judge a year to rule on
sorry, dead money for a while but hope they win in the end
I think you're correct. selling at 5.5 cents at that time would be a good return. keep in mind they will convert i stages and probably play games - they know how to make money.
if the price is 8 cents that means their cost is around 3.5 cents
the problem I saw as there was no trial date set. I seriously doubt the trial date start will be in 2016 as they are filled up with new discovery for 3/4 of that year. That is what did not happen at the last conference and that is why we see the selling imho
This is pretty obviously dead money for a year+ now. When you don't sell that means you would buy at these prices, I would not. There are no positive catalysts in the near future but there are a couple that could be negative: 1. MSJ - don't think ACTV will prevail here but the good judge could take a year to rule and 2. IPR - if that case goes to review ACTV will immediately ask for a stay and there goes another year, minimum. On top of that we will see increased shares outstanding in a couple of weeks and that in my estimate could be somewhere from 5-25M shares.
Does WDDD have a great case? I think so but the wheels of justice are so slow that money here might have a better opportunity to grow elsewhere.
Let's not forget there are no revenues, this is a pure patent play betting on settlement/royalty and patent soon expire. There are other infringers but like someone said, they will probably wait until there's a precedent as any new case probably would be stayed pending outcome here.
Good luck to all and if you can wait and don't mind the, hopefully temporary, loss then so be it
Dead money for 12 months or more. Do not see any positive catalysts here until trial starts and doubt ACTV will settle before trial. Still looming is both MSJ and IPR but I do not think these will happen. If IPR is decided to be heard this case would be stayed. Seen this before with RMBS. Still a great investment I believe but 12 months from now.
no, hearing on MSJ in November
3853000v1/013049 1
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
WORLDS, INC.,
Plaintiff,
v.
ACTIVISION BLIZZARD, INC., BLIZZARD
ENTERTAINMENT, INC., and ACTIVISION
PUBLISHING, INC.,
Defendants.
Civil Action No. 1:12-CV-10576-DJC
JURY TRIAL DEMANDED
JOINT PROPOSED PRETRIAL SCHEDULE
Pursuant to the Court’s request at the September 9, 2015 scheduling conference
(D.I. 178), the Parties hereby file a joint proposed pretrial schedule. The parties have
conferred and agree on the following proposed pretrial dates.
Event Agreed Date
Close of Fact Discovery February 1, 2016
Opening Expert Reports March 1, 2016
Rebuttal Expert Reports April 1, 2016
Close of Expert Discovery April 22, 2016
Deadline to file Dispositive/Daubert Motions May 20, 2016
Opposition to Dispositive/Daubert Motions June 20, 2016
Reply ISO Dispositive/Daubert Motions (5 pages max) July 11, 2016
Hearing on Dispositive Motions July 2016
Pretrial Conference/Trial 30-60 days after ruling on
dispositive motions
Case 1:12-cv-10576-DJC Document 180 Filed 09/14/15 Page 1 of 33853000v1/013049 2
Dated: September 14, 2015
Respectfully submitted,
By: /s/ Ryan V. Caughey By: /s/ Matthew J. Moffa
Max L. Tribble (pro hac vice)
mtribble@susmangodfrey.com
Chanler Langham (pro hac vice)
clangham@susmangodfrey.com
Ryan Caughey (pro hac vice)
rcaughey@susmangodfrey.com
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, Texas 77002
T: (713) 651-9366
F: (713) 654-6666
Joel R. Leeman
jleeman@sunsteinlaw.com
BBO # 292070
SUNSTEIN KANN MURPHY &
TIMBERS LLP
125 Summer Street
Boston, MA 02110-1618
T: (617) 443-9292
F: (617) 443-0004
ATTORNEYS FOR PLAINTIFF
WORLDS, INC.
Matthew Moffa (pro hac vice)
matthew.moffa@ropesgray.com
BBO # 681965
Jesse J. Jenner (pro hac vice)
jesse.jenner@ropesgray.com
Gene W. Lee (pro hac vice)
gene.lee@ropesgray.com
Brian P. Biddinger (pro hac vice)
brian.biddinger@ropesgray.com
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, New York 10036-8704
T: (212) 596-9000
F: (212) 596-9050
Kathryn N. Hong (pro hac vice)
kathryn.hong@ropesgray.com
ROPES & GRAY LLP
1900 University Avenue
6th Floor
East Palo Alto, CA 94303-2284
T: (650) 617-4000
F: (650) 617-4090
Samuel Brenner
BBO# 677812
ROPES & GRAY LLP
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
T: (617) 951-7000
F: (617) 951-7050
ATTORNEYS FOR DEFENDANTS,
ACTIVISION BLIZZARD, INC.,
BLIZZARD ENTERTAINMENT, INC.
AND ACTIVISION PUBLISHING, INC.
Case 1:12-cv-10576-DJC Document 180 Filed 09/14/15 Page 2 of 33853000v1/013049 3
CERTIFICATE OF SERVICE
I certify that a true copy of the above document was filed through the Court’s
ECF system on the above date and will be sent electronically to the registered participants
as identified on the Notice of Electronic Filing (NEF).
/s/ Ryan V. Caughey
Ryan V. Caughey
Case 1:12-cv-10576-DJC Document 180 Filed 09/14/15 Page 3 of 3
Obviously ACTV did NOT ask for a stay pending IPR, I see that as a huge positive and believe they know it does not have merit. The SJM based on Alice I view as not happening. Dates being set and moving to trial / net positive. It might be a 2016 story but could be a very good one. Let\s see what dates are revealed Monday.
REH/Long
I know but had ears in court
i THINK YOU WILL SEE PROPOSED DATES BY BOTH PARTIES NEXT WEEK (DUE MONDAY). THEN IT IS UP TO THE JUDGE TO SET THE DATES FOR DISCOVERY, DEPOS ETC AND TRIAL. SHE CAN DO THAT IN AN ORDER OR SHE CAN WAIT FOR THE NOVEMBER HEARING.
United States District Court
District of Massachusetts (Boston)
CIVIL DOCKET FOR CASE #: 1:12-cv-10576-DJC
Worlds, Inc. v. Activision Blizzard, Inc. et al
Assigned to: Judge Denise J. Casper
Cause: 28:1338 Patent Infringement
Date Filed: 03/30/2012
Jury Demand: Both
Nature of Suit: 830 Patent
Jurisdiction: Federal Question
Date Filed # Docket Text
09/09/2015 178 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 9/9/2015. Court hears from counsel re: scheduling of the case through trial. Counsel to file proposed schedule by 9/14/15. Hearing on pending summary judgment motion set for 11/10/15 at 2:30PM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Joel Leeman and Ryan Caughey for the plaintiff. Brian Biddinger and Jesse Jenner for the defendants.) (Hourihan, Lisa) (Entered: 09/10/2015)
09/09/2015 179 ELECTRONIC NOTICE Setting Hearing on Motion 174 MOTION for Summary Judgment that the Asserted Patent Claims are Invalid under 35 U.S.C. 101 : Motion Hearing set for 11/10/2015 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 09/10/2015)
MSJ hearing early November it looks like. was on Pacer, now gone.
SSDD
Transcript of Markman Hearing held on October 3, 2014, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name an d Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 8/6/2015. Redacted Transcript Deadline set for 8/17/2015. Release of Transcript Restriction set for 10/14/2015. (Scalfani, Deborah)
1
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
WORLDS, INC.,
Plaintiff,
v.
ACTIVISION BLIZZARD, INC.,
BLIZZARD ENTERTAINMENT, INC. and
ACTIVISION PUBLISHING, INC.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil Action No. 1:12-CV-10576 (DJC)
MOTION FOR SUMMARY JUDGMENT THAT THE
ASSERTED PATENT CLAIMS ARE INVALID UNDER 35 U.S.C. § 101
Pursuant to Fed. R. Civ. P. 56 and L.R. 56.1, Defendants Activision Blizzard, Inc.,
Blizzard Entertainment, Inc., and Activision Publishing, Inc. (collectively “Activision”) move
for summary judgment that the asserted claims of U.S. Patent Nos. 7,181,690 (“the ’690 patent”),
7,493,558 (“the ’558 patent”), 7,945,856 (“the ’856 patent”), 8,082,501 (“the ’501 patent”), and
8,145,998 (“the ’998 patent”) (collectively “the Patents-In-Suit”) are invalid under 35 U.S.C.
§ 101 as directed to patent ineligible subject matter.
In support of this motion, Activision is filing, contemporaneously herewith:
(1) Activision’s Memorandum in Support of Its Motion for Summary Judgment That The
Asserted Patent Claims Are Invalid Under 35 U.S.C. § 101; (2) Activision’s Statement of
Undisputed Material Facts; and (3) the Declaration of Matthew J. Moffa in Support of
Activision’s Motion and accompanying Exhibits 1–9.
For the reasons set forth in Activision’s Memorandum in Support of Its Motion for
Summary Judgment, Activision respectfully requests that the Court enter summary judgment that
Case 1:12-cv-10576-DJC Document 174 Filed 09/04/15 Page 1 of 3 2
all asserted claims of the ’690 patent, ’558 patent, ’856 patent, ’501 patent and ’998 patent are
invalid.
REQUEST FOR ORAL ARGUMENT
Pursuant to Local Rule 7.1(d), Activision respectfully requests oral argument on the
matter to aid in resolution of the motion.
Dated: September 4, 2015
Respectfully submitted,
By: /s/ Matthew J. Moffa
Matthew J. Moffa (pro hac vice)
BBO#681965
Jesse J. Jenner (pro hac vice)
Gene W. Lee (pro hac vice)
Brian P. Biddinger (pro hac vice)
ROPES & GRAY LLP
1211 Avenue of the Americas
New York, New York 10036-8704
T: (212) 596-9000
F: (212) 596-9050
Kathryn N. Hong (pro hac vice)
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303
T: (650) 617-4000
F: (650) 617-4090
Samuel Brenner
BBO# 677812
ROPES & GRAY LLP
Prudential Tower
800 Boylston Street
Boston, MA 02199-3600
T: (617) 951-7000
F: (617) 951-7050
ATTORNEYS FOR DEFENDANTS,
ACTIVISION BLIZZARD, INC.,
BLIZZARD ENTERTAINMENT, INC.
AND ACTIVISION PUBLISHING,
INC.
Case 1:12-cv-10576-DJC Document 174 Filed 09/04/15 Page 2 of 3CERTIFICATE OF CONFERENCE
Pursuant to Local Rule 7.1, I hereby certify that counsel for Activision has conferred with
Plaintiff Worlds, Inc.’s, counsel in an attempt in good faith to resolve or narrow the issues
presented by this motion.
Dated: September 4, 2015 By: /s/Matthew J. Moffa
Matthew J. Moffa
CERTIFICATE OF SERVICE
I hereby certify that the foregoing document filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing (NEF)
this 4th day of September, 2015.
By: /s/ Matthew J. Moffa
Matthew J. Moffa
Case 1:12-cv-10576-DJC Document 174 Filed 09/04/15 Page 3 of 3
159 Status Conference 07/21/2015 09/09/2015
at 03:00 PM
174 Response Deadline 09/04/2015 09/25/2015
155 Release of Transcript Restrict 07/16/2015 10/14/2015