M&A business
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Well, I am happy to repeat what I said:
E.G. was responsible for everything which was part of the filings. This was his Job and even confirmed by him in various mails to shareholders.
I will be very happy to post them again and if you insist, I will even post it on some links of his Company, which will certainly "improve" his Standing and character as expert in the Pet-Industry.
And with reference to JRB and R.C. I think it would be about time that you present evidence which would Support your wild Allegations versus a registered Company and or Person who based on my DD have and had nothing to do with AAPT. But of course, you will not in a Position to do so.
Ask Pitt Bully he thinks that a lawyer in the Name of Rosio from Spain and Bolivia is on a diversification trip, to add Pet Food, besides Hotel, Restaurants and Agricultur Land to the Portfolio of their JRB Venture.
On this Point I fully agree with you.
How should a Company that controls a Hotel, Restaurants and Farmland in Bolivia be interested in AAPT. If you would have done your DD you would have found out by yourself.
I think it is not about taking over, it could be about restructuring and I have seen companies being restructed with 50 times bigger balance-sheet Problems.
But as I said in another post: Let's wait and see. Surprises come always from the Corner of the unexpected.
Thanks for this because this clears the supply since December. Now the only one question still open: Who is the buyer?
Whatever the the source of supply, the stock is bought by some. As a matter of fact if moves from debt to equity. But one question is then open: If you are not en-current with your filings, how can Shares be sold from a debt-conversion. I am not so sure about this presented idea.
What you say is accurate. But then it always depends what those behind all could have in mind. There are various Scenarios I could Picture but then it would go to far and end in a Corner of speculation.
But to take up on your thinking:
AAPT has total liabilities of $ 5.8 Mio as of September 2013.
Let's say the IRS amount is paid in full 100 % and the rest with a Discount of 50 %. Then we are talking about roughly 3.4 Mio to be invested to get the Balance sheet clean.
But then you get as well the accumulated deficit which is roughly 28 Mio and if AAPT would start to operate profitable sometimes in the future then this 28 Mio would represent a tax-benefit of roughly 7 Mio. As a matter of fact, the Investment of 3.4 Mio would - if profitable in the future - already guarantee a return of 100 %. This is one of the Points in the Brainstorming behind bad debt deals.
The worst in markets is of course uncertainty for some who are asking the question, what on earth is going on or what do they see what I cannot see.
But then I guess, this is the way the street works. If it would be the other way around all would sit in the same boat.
Reminds me of the perpetual call "the dead of AAPT". Based on the volume since December 2014, with Close to 350 Mio AAPT Looks lively and fresh.
Tja, some People do not pay Attention to the calls of E.G and friends as they may have a Forward looking Agenda. That's the way markets work.
Well executed Investments in distressed debt can generate massive Returns.
You might wonder why somebody, would want to invest in a Company with a high likelihood of defaulting. The answer is simple: The more risk you take on, the more reward you can potentially make. Every debt can be negotiated and everybody knows, it is better to get 10% or 30 % than nothing. The same is with lawsuits: How many lawsuits have produced Zero returns. Plenty. So there is always a walk-away premium.
But my take is that what goes on here is not about a buy-out but rather a restructuring and this of course would then involve Money that loves distressed debts so as to clean the Balance sheet. Inject Money to go ahead with a new Business plan and a stricter admin control and executive control. The start with such games always goes over control of the Shares and to me it seems, this is exactly what is going on.
But as always, It is my opinion and I could be wrong.
E.G. and friends called for the funeral-party and nobody showed up. As a matter of fact their rumbling played into the Hands of some cool-heads who just had to wait to get Shares cheap. Now let them guess what is next. Time will tell.
Why such a rumor exists that I should accummulate is beyond my understanding. But then, what can I do.
However if you ask me if this what you think could be the strategy of the buyers (and buyers must be around) then for sure i would say, no.
I wrote once a Piece about what is possible and maybe somebody read the script. But what do I know.
You write putting together the smear campaign.
Avec your pardon:
I recommend you read all your Posts, where you insinuate that I received Shares and promoted the stock and called me all Kind of names. Then all of a sudden you come up with names like JR Ventures who should have received Shares then a Rosio Crespo who should have received Shares and so on.
I asked you many times for evidence that would Support all your misrepresentations but of cours you never came forward as all are invented stories for reasons I simply cannot follow.
So how is it that you wonder that somebody could say: Enough is enough?
What a roller-coaster this has been the last couple of weeks in the Index and in the Crude.
Thanks god I decided for a the leverage 5 to 1 and not higher. Otherwise somebody would have gotten my positions cheap.
Important lesson: When volatility goes to an extrem start with a low leverage
Can we Keep the momentum? $ 20.-- will be the knack-Point.
From Scams. So you then confirm that E.G's new Enterprise is a SCAM. Thank you, actually this was all I wanted to know.
The text I posted came from his Webside.
http://www.antiickypoo.com/GAwesome/
Almost 300 Mio shs traded since December 2014. Wondering who is buying all those Shares and for what? But sellers certainly cannot complain in this stock about lack of liquidity.
With a text like this: "and may you rot forever" you are clearly showing the stage of losing your temprament. Wondering why? If AAPT is nothing and dead, then why all the Hulla? Are you afraid of a turn-around?
And please Show us this Turbo Pet Registration and all the shelves their product is in. Cannot wait to see it.
If AAPT Fails or not is something for the soothsayers. But then the chances are maybe bigger for a comeback than for a success of your Baby Turbo Pet, for which you constantly make Advertising on this Forum on one Hand and on the other Hand issue Statements of a booming Business nobody has any evidence for that it exists. And for something that does not exist and therefore has not even a proven market record, of course $ 100.000 are at least an amount to dream about to get started.
But then it is easy to talk about something that is not public nor registered. I hope it is not an off-shore unit of Eric as he certainly want's to expand beyond the Icky stufff.
. Eric’s dogs had passed and he had moved to a new residence before he ever heard about Anti-Icky-Poo.
While growing up, Eric never had a cat because his mother would refuse to be anywhere near a litter box. How ironic is it that he is involved with the Smell Absolutely Nothing Cat Litter.
Reading all this stuff put's me back to the Age I was reading comix.
I understand your process of thinking. But let's assume they would have assigned those Shares to a third Party. Then the third Party would have to Show evidence why they would have received those Shares. And here the Problem would start as such a Transaction would have taken place during a period when they were not reporting. My bet, no Broker would allow them to sell.
Your other Point "were unrestricted under rule 144". Here I agree, as non reporting the legend could be removed after 12 months.
But then we have the tradings-rules.
Trading Volume Formula. If you are an affiliate, the number of equity securities you may sell during any three-month period cannot exceed the greater of 1% of the outstanding shares of the same class being sold, or if the class is listed on a stock exchange, the greater of 1% or the average reported weekly trading volume during the four weeks preceding the filing of a notice of sale on Form 144. Over-the-counter stocks, including those quoted on the OTC Bulletin Board and the Pink Sheets, can only be sold using the 1% measurement.
Filing a Notice of Proposed Sale With the SEC. If you are an affiliate, you must file a notice with the SEC on Form 144 if the sale involves more than 5,000 shares or the aggregate dollar amount is greater than $50,000 in any three-month period. The sale must take place within three months of filing the notice and, if the securities have not been sold, you must file an amended notice.
The 3 months volume we have seen based on the trading rules cannot come from the Grid and even if they would have assigend the Shares I am wondering how this would work out without a notice of sale in form 144. It would be a Change from an affiliate to a "non-affiliate" and I think you would agree, the SEC would look into such a Transaction twice on one Hand and a Broker 10 times.
I said if during a period of not being en-current somebody would receive Shares for whatever reasons or would have the legend removed cannot be sold due to the new self-imposed restrictions by Brokers.
What is going around here in the market is the float that is already in the market or better said in CEDE - Street-names but for sure not a new float.
Taking the GRID Shares for sale (even if they would be en current) would be complicated as well as there is as well a certain restriction how much could be sold during a certain period.
But at present, they could not sell them as the Company is not en-current.
Filings: It is not about what is in the filings it is about being up to date. You cannot negotiate deals/financing during this period unless of course you issue an 8K or you lose your Status to become again a reporting Company. But then you are in the Greys.
You write:
What I think is happening behind the scenes is that B&L got unrestricted shares when the grid note got converted and then they went out and found someone to come in and take over. Finally, they found someone and are now unloading their shares to cash out.
My comment.
With the new stricter rules it will not work. No Broker will allow you to sell the Shares. Even if you would have REGs Shares and the restriction is lifted, you could not sell during a period where you are not filing. At least, no Broker with interest keeping his licence would allow you do to this. The new DD process for such Kind of Transactions is heavy stuff.
About filings: Of course they are of importance when you would enter into financial Agreements. First of all all Transactions that have a material effect must be reported and even if you are not up to date with the filings then at least you must go through the 8K process. But there is more to it why filings would be of importance.
As I said: We will see what is in store, but my nose tells me, no funeral.
In your head exists only one formula. Selling Shares to get liquidity. But this is very narrow minded as companies can get financing without being dilutive.
I for my part would say, that if I would be the holder of a Grid my interest would be no further Dilution and if I have to speculate this is or could be exactly the new strategy.
Will AAPT come back? I would say yes based on what is going on with taking the Float back into strong Hands. All other things would not make sense. But if one controls the float and no further Dilution would be on the Agenda, then of course at a certain day the Price of the stock would only have one direction open - on the upside? And those who would have bought the float would of course smile? Do we see a hedge by those buying the float versus financing without Dilution? All is possible in the world of derivative financing. Understood by some then only in hinsight if it would come to the Point.
The market for Pet's is just to big to let it go and as figures dictate the flow of Money to invest, I would guess there would be plenty of Money around helping to get AAPT on strong footing under the assumption that the Organigramm would have to be re-written and then as well the selection of products. Diversification is never a bad idea.
Those here calling and predicting the death of AAPT have their own history with the Company and the history may not be a friendly one, but then this is day-to-day Frustration when something goes wrong in the world of corporations and I personally would not pay much Attention to it as complains versus all Kind of companies are daily Business.
So what is my opinion to the rumors of a comeback of AAPT. The day they file you will know, that it was not only a rumor. IMHO
Some strange moves happened on the Friday Trading. First the buy-side volume was 303.586 shares versus sell-volume of 127.834. A ratio of 2.4 versus 1.
So why then the price fell: As a rule: Trades that occur at the bid price are considered selling volume and trades that occur at the ask price are considered buying volume. So then, as a matter of fact the price should have gone up, but did not.
Well there is an explanation to it:
2 blocks of 25.000 shares in total 50.000 were bought at 0.24 ask price
1 Block of 100.000 shares was bought at 0.25 ask price
2 Transaction totalling 25.000 shares were bought at 0.24 ask Price
This gives a total of 175.000 shares done with 5 trades out of a total of 65 trades.
The total traded volume was 431,420. Deducting the 175.000 from the volume we get: 256.000 volumes done by 60 trades or on average 4.266 shares.
It was the nervous crowd who bought in anticipation and then sold and some even bought and sold during the session. Can easily be recapitulated based on the trading-sheet.
Summary: 5 Trades were responsible for 40 % of the volume and those trades were all at the ask, which as a matter of fact is bullish not bearish. Everybody who ever worked on a tradings-desk can confirm this. But then the same person as well could say, that plenty of small odd-lot deals sold at the ask can and will influence the price if it goes through various market makers. Would the “nervous odd-lot selling have gone through 1 market maker I guess, the block buyer or buyers would have stood there with an bid order good up to let’s say 100.000.
Be it as it may: Looking at the chart going back to early 2013, the last 6 months remind me of the pattern seen in 2013. As long as DECN is considered a litigation stock every price fluctuation will come from speculation how much could be paid and when will it be paid. How long will it last? No idea and I guess at the end not even the company may have a clear script as 2 parties are dancing this tango. It is a poker play at it’s best. But one thing is sure from my POV. The day DECN is en-current with their filing, the stock could be interesting to some who like litigation plays but presently they are kept out of the market as due to stricter rules in corporate governance they are not allowed to invest in companies that are not up-to-.date with their filings.
So I am looking forward that the company besides concentrating to get the best out of the fight with DECN is as well putting all efforts in Play to come out with the 10K and 10Qs.
DECN did not "Cherry Pick" on the contrary.
Conclusion: Show me in the case of Microsoft, where the Shares of their subsidiaries and subholdings in Switzerland are incluced. But for sure not in the A/S and the O/S of the motherhouse that is listed in the USA.
Here I small example of what I am talking about, so it would be easy then to find then for you.
http://www.moneyhouse.ch/u/microsoft_schweiz_gmbh_CH-020.4.027.049-8.htm
http://www.moneyhouse.ch/u/microsoft_switzerland_investments_gmbh_CH-290.4.017.132-8.htm
As I have no time and gusto to read the 10Q, post a link with reference to what has been paid to JRB Ventures and then maybe you post a link as well what it is all about this JRB Ventures. Still cannot follow it, but as you started the subject, I guess, you should follow up on my requests.
The restriction that AAPT cannot sell any more Shares is actually rather a bullish verdict if one thinks about. No Dilution. But actually it is old News and proper DD already found this out in November 2014 and not only end of January 2015.
Some of course who have known this already in November 2014 must have thought something. Strange, shortly after that, buyers emerged. And buyers are around, since December 2014 the volume is 245 Mio shs. and raising. So who is buying the stock and why?
Many years ago, when I designed derivatives I learned something: Present the package that way, that everything Looks obvious so one could sell it, but then, since when have derivates been obvious? And so I see the Story surrounding AAPT, being called dead from all Corners and all presented in a very obvious way but then has the question ever been asked, could it be that what is obvious is obviously wrong?
At least nobody can complain: The sellers are welcomed by the buyers and not at 0.0001 as what has been predicted, no the chances are given to sell at 0.0003 up to 0.0007. Frankly, sellers should appreciate this and not asking for the motives of the buyer or the buyer(s). The future will tell if the buyers are members of a charity Club or have something else in mind.
What is the meaning of JRB?
Of course stocks cannot be traded without market makers. But it is the market maker that quotes bid and ask.
And this is exactly what happened on Friday: Bid was 0.0006 and the ask from 0.0008 all of a sudden was gone and the next step was above 0.0026.
No supply
I consider this an opinion or better said my opinion. We will find out hopefully if there is some substance to it. But looking at Level 2 it seems to me again, it is the ask side that Shows not the supply which of course then does not fit the bill of those preaching Armageddon. If the crowd would run for the Exit then they took the wrong door during the last 6 weeks and certainly on Friday, where the trades between 0.0004 and 0.0007 were up-ticks.
I think my comment was clear:
Here part from the text:
Since start December 2014 roughly 200 Mio shs. have been traded. What happened yesterday was not the buyers chasing the price on the contrary, the MM’s left the party as there were no offers on the ask side.
So the latest print as such is the result of missing sell-side liquidity and had nothing to do with volume. The volume took place within the parameters 0.0004 and 0.0007. The last print was done with 10.000 shares.
The day DECN is en-current with their filings, I will recommend them to get a dual listing in Frankfurt. The stock would then be traded as well on the Frankfurt platform and electronic platfrom XETRA.
http://xetra.com/xetra/dispatch/en/kir/navigation/xetra
http://www.frankfurtstockexchange.de/
The good Thing of it, it would bring them European Investors who can trade the stock on the largest European Stock-Exchange and even better, the Forums would be in German, so for some ex DECN People not the hometurf to bash.
And being en current in the USA means, they would get the listing within 3 months.
Whenever a stock does something unexpected then of course some are taken off guard. Remember I asked already before the question, why a so-called dead company should have so much buying interest that was clearly shown on the bid side of the ticket.
Since start December 2014 roughly 200 Mio shs. have been traded. What happened yesterday was not the buyers chasing the price on the contrary, the MM’s left the party as there were no offers on the ask side. So the latest print as such is the result of missing sell-side liquidity and had nothing to do with volume. The volume took place within the parameters 0.0004 and 0.0007. The last print was done with 10.000 shares.
Why people now should be confused I cannot understand. The debate about how many shares actually have been in the float is not new and at one time I guessed it would be no more than maybe 500 Mio shares. The last reporting figure of the float situation we have from June 2013 and the figure at that time was 360 Mio.
What people forgot to ask themselves is the following: Who financed all those years AAPT? I would say money from Europe (based on the old filings) and this in the period 2008-2012. And if those from Europe have their Certificates in the safe, then of course it cannot be in circulation. And why should they have it in the safe? To remove a legend, you have to return the certificate to the T/A together with a legal opinion to get the certificate stripped of the restriction. Then this certificate will be returned to the holder – free of legend. Some from the period 2008-2012 may have sold their shares but some of them may have not . Comes to it, that as starting in middle of 2013 banks in Switzerland stopped accepting physical delivery of certificates and around middle of 2014, banks in Germany did the same.
As a matter of fact they only accept electronic certificates (and for this a company has to be DTC eligible) and only from companies that are en-current on one hand and on the other hand have the stock price of above $ 2.—
But then in summer 2014, banks in Switzerland and Germany started a new blow.
Those who had Penny-Stock in their portfolio not meeting the above described criterias got a letter, to sell those shares before end of December 2014 or the bank will book them out.
For me then it made sense, that in December 2014 the volume picked up, as those who had cleared their shares longer time ago and not already sold got confronted with the fact, that as end of December 2014 (at least in Switzerland) based on the wish of his bank, those companies not fulfilling the criterias must be sold or will be booked out worthless. So some sold as can be seen by the volume and some I would guess, just allowed the banks to book them out worthless. Maybe that this process is still going on as in Germany they were allowed to go over the period of December 31 so as to have some time.
But somebody of course knowing those rules picked those shares up because shrinking of liquidity in the float leads sooner than later to higher prices if the buyer or the buyers are of the opinion, that AAPT somehow will survive. And for reasons I cannot explain because it would be pure speculation, I guess AAPT will survive. In what form and under which jurisdiction and more, I just cannot know.
Weeks ago I wrote a piece of how AAPT could be saved and restructured. I stick to it and say: If I would be the old group who had financed the company in the period 2008-2012 and would face a total loss, I would certainly find a way, to recoup my losses but then of course you have to take money in your hands – but not equity related – restructure the company from inside and outside and start new. But doing so would then mean as well, that I would try to get a handle on the float to participate twice on a possible revival. If you are in control of the float from whom do you want to get the ask? So it will be interesting to see, how this story unfolds in the days and weeks ahead.
And never forget, if a script should exist to turn the company around, you need in a tender only 51 % to have the saying.
Last but not least: If and I say clearly if a Programm should be on the table or in the works to turn the Company around, then those doing it and have the saying will not have an interest in the past they have only an interest in the future of this Company. And I would say, rightly so.
Looks like a lot is going on, if I see all those entries. All in November 2014.
http://trademarks.justia.com/864/63/all-american-86463562.html
And here the Trademark grant for Nutrabar
http://search.uspto.gov/search?utf8=%E2%9C%93&affiliate=web-sdmg-uspto.gov&query=all+american+pet+brands+inc&commit=Search
It is all about the size of the Strip market.
Wondering what DECN did wrong that they got sued by J&J, if DECN only wanted to be in the Strip market, actually a market that for some here has no value and future.
Why then on earth then , a Multi-Billion Dollar company is taking all the pain and spending millions of dollars, fighting this little company in court, if there is nothing to gain from?
Could it be, that J&J has more experts on board and a better knowledge of the market size of the Strip market, that lead to this decision? Based on the rating J&J has, I would say, of course.
But maybe J&J and their strategic planers are all dreamers and should have consulted the “self- styled all- knowing experts” before going after DECN. So they would have saved millions of Dollars in litigation and would have avoided to lose 3 times in court and now even risking that 2 former smaller verdicts will be corrected as well, due to their presentation of a “fake” witness, making the score then 5 to 1 in favour of DECN.
But I guess, when J&J decided to go after DECN they knew what is actually common knowledge in the market: The big business in the years ahead is still the Strip business, estimated to be valued around 10.9 billion in 2017. I would then say, DECN is operating in a market field where money can be made and I guess, this is exactly what J&J thinks as well.
http://www.marketwired.com/press-release/market-research-forecasts-blood-glucose-monitoring-devices-market-12-billion-2017-1635770.htm
The global blood glucose monitoring devices market is expected to reach a value of $12.2 billion in 2017, with a predicted CAGR of 4.5% between 2010 and 2017. The blood glucose test strips market segment is expected to be valued at $10.9 billion in 2017 and is forecast to exhibit a CAGR of 4.6% between 2010 and 2017.
http://www.reuters.com/article/2012/01/11/idUS180170+11-Jan-2012+BW20120111
http://www.prnewswire.co.uk/news-releases/blood-glucose-devices-market-monitoring-smbg-forecasts-in-new-research-reports-280899972.html
All in all I would say, if a small company tries to grab market share in a market it is importance to see the potential size of this market in Dollars. As we know, Lifescan owned by Johnson and Johnson controls 26.5 % of this market or translated back to 2017 roughly $’s 2.9 billion. So I would say, there is enough money on the table for DECN to get some piece from it and J&J knows that and acted based on the old slogan: Resist the beginning and consider the end.
Conclusions: DECN has its legs in the right market.
Somehow strange things are going on here or should I call it a "contrary opinion" Play. Since we learned that AAPT goes under and invitations went out for a funeral around middle of December, the traded volume was 115 Mio shs.
Wondering who would then buy all those Shares? Maybe E.G. wants to make a bid?
For New-Comers it would be advisable to concentrate on the following:
-DECN is very close to write history. Some will celebrate some not.
-They have beaten J&J 3 times in court
-They were able to prove, that Lifescan (J&J) hired an expert whose CV was faked.
-They of course are now on the road to prove, that due to the expertise of this faked expert, the case was prolonged and due to this prolongation DECN could not commercialize on their Business for roughly 2 years.
-The use of a “fake expert” of course will nil and void the 2 smaller set back decision DECN had to take earlier in 2013 make the score then 5 to 1 in favor of DECN
- Legal experts comparing this case with other cases have no problem to estimate the Settlement Dollars in play in a range of $ 20 Mio up to $ 35 Mio.
-This kind of cash being this the low end or the high end will catapult DECN as small cap company in a position not many companies – at least in the Penny-Stock-world – have the pleasure to show. It will allow DECN to execute their business-plan without tapping the debt market or the taking the road of dilution.
-neutral observers are interested in the outcome and the amount being paid and as well DECN to be back as reporting company
-Everybody can do his math what it would mean to the stock price once the settled amount is cleared. Cash per share would equal between 0.50 – 0.85 and I would then guess once the subject is taken up in the press a premium will be attached as the stock then will be allowed to be rated as a company, free of patent litigation but free to execute. $ 1.—plus should certainly not be a problem. We already kissed this level in 2013 but then, as the case went on and on, the market fell back into frustration.
-Having surplus cash in the bank for which DECN would have no use then they could easily use part of it to repurchase shares if and when they would think, that the stock-price does not reflect a fair value.
What one should keep in mind. The best reference about the quality of the Genstrip50 product (FDA approved) and the market potential comes from J&J or Lifescan. Who am I , to question this Multi-Billion Dollar company?
J&J is not spending millions in litigation and using every trick to win, if they would not have made their calculation about how much DECN could take from their market share.
In 2013 Forbes Magazine in his 2 articles already made clear, that DECN poses a big problem for J&J and as well some well known magazines in the world of Diabetics as well. But not to be outdone, even the Intellectual Property Magazine (The bible for lawyers in that field) gave excellent coverage on this subject.
http://www.forbes.com/sites/genemarcial/2013/03/11/jj-faces-potentially-disrupting-competition-in-its-lucrative-glucose-monitoring-business-from-tiny-diagnostics-outfit/
http://www.forbes.com/sites/genemarcial/2013/09/11/jj-seeks-court-aid-to-protect-its-glucose-monitoring-test/
http://www.biomedreports.com/20131022158602/decn-set-to-climb-as-genstrip-enters-blood-glucose-monitoring-market-with-first-shipments.html
http://www.sughrue.com/files/Publication/e2102668-3eea-4779-a633-7f1e6fb30230/Presentation/PublicationAttachment/8c039f86-839c-40f0-a1ef-80c0f7be1b16/90003000SuanPanMay2014.pdf
Of course: Not all will be happy once the settlement period is over and DECN walks home with the cup. As in life, too many ex …. just cannot accept the fact: DECN being successful without them.
Losing Money - regardless how and with what - can never be considered a joke.
Those looking for revenge by starting an Investigation against the Company, better would start doing it, instead of just talking about it on the Forum.
But as you may know, entering a legal battle costs Money and what would be the outcome? Expenses but no return.
Are we invited to the funeral?
Are we close to the point that the Fat Lady sings?
Seems to me, then the closer we get, the more we see a dancing around details like:
When was the last commercial being aired
And
who wrote what and who was the writer in the world of comments on Amazon and so on and so on.
But for New-Comers it would be advisable to concentrate on the following:
-DECN is very close to write history. Some will celebrate some not.
-They have beaten J&J 3 times in court
-They were able to prove, that Lifescan (J&J) hired an expert whose CV was faked.
-They of course are now on the road to prove, that due to the expertise of this faked expert, the case was prolonged and due to this prolongation DECN could not commercialize on their Business
-The use of a “fake expert” of course will nil and void the 2 smaller set back decision DECN had to take earlier make the score the 5 to 1 in favor of DECN
-Is this the beginning of the end or the end of the beginning? Both proverbs are right. It is the beginning of the end for the case but then I smell something which could be the beginning of something else and this will be manifested in the final amount being paid.
-Having on the table settlement Dollars in the range from $ 20 Mio up to $ 35 Mio it is the amount which interests me and not much else.
-This kind of cash being this the low end or the high end will catapult DECN as small cap company in a position not many companies – at least in the Penny-Stock-world – have the pleasure to show. It will allow DECN to execute their business-plan without tapping the debt market or the taking the road of dilution.
-neutral observers are interested in the outcome and the amount being paid and as well DECN to be back as reporting company
-Everybody can do his math what it would mean to the stock price once the settled amount is cleared. Cash per share would equal between 0.50 – 0.85 and I would then guess once the subject is taken up in the press a premium will be attached as the stock then will be allowed to be rated as a company, free of patent litigation but free to execute. $ 1.—plus should certainly not be a problem. We already kissed this level in 2013 but then, as the case went on and on, the market fell back into frustration.
-Having surplus cash in the bank for which DECN would have no use then they could easily use part of it to repurchase shares if and when they would think, that the stock-price does not reflect a fair value.
In the meantime, the self-styled experts will question the legal minds of DECN, the professionalism of their public relations-experts and of course the truth content of the press release and they will question as well the product and even the quantity of the commercials and more.
Here I can say: At least Life-Scan (J&J) is not questioning DECN any longer and certainly not the quality of GenStrip 50 which is FDA approved. (This just as a remainder for some) J&J is not spending millions in litigation and using every trick to win, if they would not see the potential.
In 2013 Forbes Magazine in his 2 articles already made clear, that DECN poses a big problem for J&J and as well some well known magazines in the world of Diabetics as well. But not to be outdone, even the Intellectual Property Magazine (The bible for lawyers in that field) gave excellent coverage on this subject.
http://www.sughrue.com/files/Publication/e2102668-3eea-4779-a633-7f1e6fb30230/Presentation/PublicationAttachment/8c039f86-839c-40f0-a1ef-80c0f7be1b16/90003000SuanPanMay2014.pdf
Charly Munger in his Almanack (Third Edition) gives a famous quote, why he and W.B. became so wealthy. His reply: We just saw the potential strength those companies could have, while others only saw the the weak spot of those companies.
In short: The weak spot at present of DECN is, that DECN is considered a company in litigation against J&J and not en-current with their filings. But the potential is, that this litigation case is a 95 % done deal in favor of DECN and the rest – filings and the execution of the business side will take care of itself.