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They do not have to disclose anything IF the terms of the settlement were to be confidential.
Same thing happened with BCYP when they settled with MyLikes and Living Social......confidential settlements blessed by court with no requirement to PR shareholders on any details.
ADT settlement seems all too similar or they would have PRed settlement details already.
Nice work postyle, very useful info.
Box defending his position again today and getting help from management with PR drawing line in sand at $0.13 too.?.
Merry Christmas all!
Weakness today proved to be a buying opportunity for some in the Bernay Box buy level of $0.13s, but only a few 100K shares.
As expected, support existed at $0.14
To recap where we stand with patents and their associated claims under review (petitioned by GRPN):
516: #1-27 & 29 claims: PTAB ordered covered business method patent review ; #28 claim not petitioned and not under review
679: #1-27 claims: PTAB ordered covered business method patent review
670: #1-5 claims: PTAB ordered covered business method patent review
055: #1-14 claims: ruling on GRPN petition to PTAB expected by February 9
646: #1-13 claims: ruling on GRPN petition to PTAB expected by February 9
What is notable here is that GRPN did not challenge claim #28 of patent 516. That claim is still unencumbered by any PTAB review prior to Markman.
Additionally, all 27 combined claims in patents 055 and 646 are still unencumbered by a PTAB order for post grating review.
Therefore, there are currently 3 patents w/ 28 total associated claims that have not been petitioned by GRPN or will not be ruled upon by PTAB before the scheduled Markman Hearing on February 5.
No reason for Eastern District of Texas Judge to postpone Markman and grant a stay because it would be very prejudicial against BCYP.
Markman runup still in tact despite this short-term, Bernay Box-level buying dip.
The only claim (of 3 patents) not being reviewed by PTAB is Claim #28 of patent 516:
28. A method for providing an advertisement related to an advertiser from an intermediary machine to a source communication device possessed by a subscriber and distributing the advertisement between the source communication device and a destination communication device possessed by a contact of a set of contacts related to the subscriber, the method comprising: providing a first communication channel between an intermediary machine and the source communication device; qualifying the subscriber, to become a qualified subscriber, by comparing a desired demographic profile from the advertiser to a descriptive demographic profile associated with the subscriber; establishing a bi-lateral endorsement between the qualified subscriber and the advertiser; moving the advertisement from the intermediary machine to the source communication device over the first communication channel; activating an endorsement manager in the source communication device; providing a second communication channel between the source communication device and the destination communication device; initiating a communication session from the source communication device to the destination communication device over the second communication channel; associating the advertisement with the communication session; transmitting the advertisement to the destination communication device; accessing the advertisement through the destination communication device; storing a first set of data relating to transmitting the advertisement in the source communication device; uploading the first set of data from the source communication device to the intermediary machine over the first communication channel; storing a second set of data relating to accessing the advertisement in the intermediary machine; recognizing a first reward for the qualified subscriber based on the first set of data and the second set of data; and, recognizing a second award for the qualified subscriber based on a frequency of communication sessions.
I am bullish at these levels because of the key investors holding positions at our slightly above these levels. I expect a defense of these positions leading to support levels near $.14
Remember that someone or institution added approximately 20.5 million shares last Friday at $0.14
Per Groupon's petition, The Patent Trial & Appeal Board has decided to review whether some of the claims (relating to patents 670,516, and 679) are patentable.
They have NOT made a final determination...with respect to the patentability of the challenged claims.
The Patent Trial & Appeal Board has not spoken on Groupon's petitions of patents 055 & 646.
Claims that Groupon has chosen not to challenge/petition is Claim 28 of 516 which says:
28. A method for providing an advertisement related to an advertiser from an intermediary machine to a source communication device possessed by a subscriber and distributing the advertisement between the source communication device and a destination communication device possessed by a contact of a set of contacts related to the subscriber, the method comprising: providing a first communication channel between an intermediary machine and the source communication device; qualifying the subscriber, to become a qualified subscriber, by comparing a desired demographic profile from the advertiser to a descriptive demographic profile associated with the subscriber; establishing a bi-lateral endorsement between the qualified subscriber and the advertiser; moving the advertisement from the intermediary machine to the source communication device over the first communication channel; activating an endorsement manager in the source communication device; providing a second communication channel between the source communication device and the destination communication device; initiating a communication session from the source communication device to the destination communication device over the second communication channel; associating the advertisement with the communication session; transmitting the advertisement to the destination communication device; accessing the advertisement through the destination communication device; storing a first set of data relating to transmitting the advertisement in the source communication device; uploading the first set of data from the source communication device to the intermediary machine over the first communication channel; storing a second set of data relating to accessing the advertisement in the intermediary machine; recognizing a first reward for the qualified subscriber based on the first set of data and the second set of data; and, recognizing a second award for the qualified subscriber based on a frequency of communication sessions.
Adding here on this weakness. Nice to buy at price lower than most of Chez's buys, and lower than recent insider buying ($0.158), and w/in range of Box/Bonanza Capital's buy of $1M at $0.13
Why the weakness?
1. Exercising of common stock warrants last Friday (conversion and selling of nearly 21M shares at $0.14) in two large blocks of 17M & 4M shares. These were the $0.05 shares.
The good news: This overhang (20M $0.05 shares) is now gone.
2. False rumors are being circulated that 3 of 5 BCYP patents have been ruled invalid.
The good news: This is NOT true. No patents have been ruled invalid. The truth is that some claims of 3 of the 5 patents have been granted review post granting, but the Patent Review & Appeal Board "has not made a final determination" on the challenged claims.
Key was the expectation that more BCYP patent infringers will result from growth in social media advertising.
The patent IP is the real value in BCYP.
They have realized that value in 2 settlements to date and four defendants are still pending. One of which will produce $3 billion in revenue next year...GRPN.
With the naming of more infringers, BCYP has the ability to monetize those IP assets even more.
Watch for more complaints to be filed against new defendants is my take away.
And I believe more settlements will also come.
Love slide #12
Business Update Presentation PDF available at 4:10 pm (ET).
http://www.bluecalypso.com/Pages/Informer/InvestorEvents.aspx
The timing of release & CC should drive volume over 3M shares traded today as speculative investors establish/increase their positions in advance of important presentation.
The presentation will greatly increase BCYP's visibility and bring many new investors to this stock/story.
Big week for BCYP:
Conference Call Business Update Today, October 30, 4:30 pm.
Claim Construction Briefs due on Friday, November 1. These briefs are another significant paper drop to be analyzed this Friday.
Yesterday's filing show that Groupon continues to stonewall BCYP's discovery requests. BCYP is asking court to resolve this impasse (in particular the Deposition of Fact Witness Dr. Anupam Joshi)
I expect the judge to rule with BCYP on this matter just as he did with the Amended Protective Order (signed by judge yesterday).
As anticipated, price is now catching up with the 1M+/day volume increase we began seeing on 10/16 at $.15 (50% gain ago) and that has continued every day since.
Since Friday, YELP is tanking as BCYP is rising.
Coinciding perfectly with YELP's comments (PACER filing) on Friday regarding their code and their attempt to argue for non-disclosure of full code in BCYP discovery process.
http://finance.yahoo.com/echarts?s=YELP+Interactive#symbol=yelp;range=5d;compare=bcyp;indicator=split+volume;charttype=area;crosshair=on;ohlcvalues=0;logscale=off;source=undefined;
Volume continues to increase in extraordinary volume/price action. Case in point is a 405,000 print at $.20 well above the ask ($.194) at the time of transaction. Second consecutive day of $.20 touch.
6th highest daily volume of the year with an hour left in session.
Folks are starting to slowly notice BCYP and realize that an important Conference Call hosted by management will take place in 8 short days (10/30).
In additional filing yesterday, BCYP filed sealed motion to compel discovery from Groupon. Both YELP & GROUPON seem very reluctant to give BCYP all that they are asking for in this discovery process.
My translation:
By withholding certain discovery materials, YELP & Groupon are trying very hard to not strengthen BCYP's hand further in what may be revealed in these docs (for YELP it is their source code......for Groupon we don't know because of sealed filing).
If BCYP wins these motions, we could very well see the white flag (settlement) from another defendant as an alternative to revealing what they seem intent on keeping from the plantiff.
Buyers yesterday and today must have noticed YELP's filing on Friday where they state that,
"Unique from the other Defendants, the source code relevant to the accused functionality in this case is not compartmentalized from the remainder of Yelp's source code enabling other functionality."
Yelp goes on to say:
"Yelp's source code actually is its entire product, service, and business..."
My translation:
If Yelp is balking at giving BCYP all of their source code in discovery because they can't parse out the code which only uses the claimed patent infringed parts, this tells me that YELP can not exist in its current design without using the patents that BCYP claims it is infringing upon.
This is VERY significant!
There is no way I can see Yelp risking a jury verdict which will impact their entire product by reason that BCYP patented functionality is not compartmentalized within their product (code).
7th highest daily volume of the year to date as $.20 was touched.
I repeat an earlier post....volume leads price.
This increased volume will be followed by increased price.
CC next Wednesday should provide near-term catalyst for BCYP.
Shares under $.20 are very attractive if you are a longer term BCYP investor (2014).
We have 100% upside potential near term from $.19
BCYP was $.37, twice today's price, just six months ago BEFORE:
1. Issuance of 3 new patents & expansion of patent infringement claims.
2. Settlement with MyLikes
3. Settlement with LivingSocial
4. Acquisition of DashTAGG
5. Investment by Chez
6. Investment by Box
The window to buy shares under $.20 is slowly closing.
Mr. Chez buys another 200,000+ shares between $.154 - $.188 and then gets a sweetheart deal like Box and buys an additional 3.8 million shares in pre-arranged sale at $.13 bringing his stake to 8.9% of company's OS or 12.8 million shares.
These guys are loading the truck and so am I!
I expect something.....don't think they would have scheduled a CC with Q&A if they did not have something good to talk about.
The PR has changed dramatically since Chez started his position. Likewise, Box is surely supportive of this story being told to the masses now that he is all in.
+30% midday reversal on BIG volume triggered exactly at support line to close at high of day.
That is called BULLISH.
And visible, short term catalyst now on 10/30...CC & Q&A.
Looks like our new friend added another million shares at $.15 again today.
Joe, you are great stockpicker, but you've got the wrong call on this one.....we have a monster stock in the making and potential 10-bagger in 2014.
Today's action was very similar to when Chez was snatching up shares during his recent open market buying spree. Two 500K blocks do not just go off without some behind the scenes coordination.
Looks like another investor joined the ranks as the newest BCYP shareholder at $.15 today.
With Chez and now Box in BCYP, you better believe this undiscovered story will begin to be told to the larger investment universe.
Case in point, you'll notice that IR firm, LHA, is now handling the PRs and this is the second day in a row with a PR.
Lest ye not forget that Ronald Chez paid up to $.1796 for his 8,847,207 shares bought just last month too.
The fact that Mr. Box got a Dallas buddy discount does not mean this stock is overvalued here at $.18
BCYP is undervalued, undiscovered, and a 10-bagger candidate for 2014 timeframe.
Volume before price.
We have volume now at 1.3 million daily/avg (last 4 days).
Yet the price has stayed between .18-.19
Price is next.
Very good time to add in the .18s before price follows volume's lead.
You are completely misinformed regarding Seeking Alpha.
Take if from someone who has direct experience on the topic of which you speak so ignorantly
For your information, my average SA article takes 8-10 hours to research and write. I write them because I like to do the research and I enjoy adding new insight to the discussion of stocks I am personally invested in.
Despite your apparent preference, some folks actually like to do the legwork and produce 2,000 word articles to add to discussions & debate instead of posting repetitive one liners 20 times a day on a message board.
I know your comments were referring to a different SA writer, but painting SA and their authors with a broad brush ("basically written for them"..."no way in hell did he write it"....."direct from the PR company of BCYP") is slanderous.
Yes, SA does pay authors $.01 for each page view, but that token monetary gain is not why I write for them. I write because I enjoy researching & discussing stocks (and all the SA authors I know do it for the same reason). I would even do it for free.