Tuesday, December 27, 2016 11:39:35 AM
1: An additional 35 million common shares (or more) are being issued to cover the costs to appeal the PTAB invalidating some patent claims to the CAFC. It seems that a lot of people were expecting WDDD was not going to have any claims invalidated, and instead now has to go through an appeal process to get those patent claims back. There is also the risk that the invalidated claims are not coming back, meaning there will be less claims to use at trial someday.
2: The time to go through the CAFC will delay the trial for at least another year, so that will reduce the present value of any expected award. Depending on what people think the present value rate should be per year, that cuts off probably at least 10% of the value for losing another year on any final judgement. (i.e. Collecting a judgement X years plus an additional year is less valuable than collecting a judgement in X years.)
Louis J. Desy Jr.
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