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Wednesday, 02/09/2011 1:04:23 PM

Wednesday, February 09, 2011 1:04:23 PM

Post# of 1511
AUGT basic play:

2 Parts:

First is their actual business. "Augme is one of the few pure plays in the rapidly growing mobile coupon and mobile marketing industries. The Augme story is one that offers both top line growth (200%+ yr/yr) with blue sky patent litigation win potential (hundreds of millions). Northland Capital Markets is estimating YE 2011 (2/11) revenues of $3.3m, YE 2012 revenues $15.3m, and YE 2013 revenues of $38.3m. In just the past several months, the company has grown its Fortune 500 customer base from just a few to over 25. Adoption of Augme’s AD LIFE platform is expected to accelerate as the mobile advertising market continues to grow. The AD LIFE platform is one of the only complete end-to-end device-agnostic solutions. The total spend on mobile marketing campaigns in the U.S. will drive a four-year CAGR of just under 60%. As it relates to AUGT, the capital structure of the company could be better, but I think shares will continue to be in demand as the company is in the right place at the right time."

Also they will be apart of the NFC movement.

Second, is the lawsuit potential from their patents.

From their last filing:


ITEM 1. LEGAL PROCEEDINGS

Tacoda, Inc., AOL, LLC, Time Warner, Inc., and Platform-A, Inc.
In 2007, Augme filed a lawsuit against Tacoda, Inc. in the U.S. District Court, Southern District of New York, alleging infringement of Augme-owned U.S. Patent Nos. 6,594,691 (“Method and System for Adding Function to a Web Page”) and 7,269,636 (“Method and Code Module for Adding Function to a Web Page”). We previously reported this proceeding in our Quarterly Report on Form 10-Q for the quarter ended May 31, 2010 filed with the SEC on July 9, 2010. We also reported in such Form 10-Q our complaint filed against AOL, LLC in the U.S. District Court, Central District of California, for infringement of our trademark BOOMBOX RADIO and our First Amended Complaint filed against AOL, LLC, Time Warner, Inc. and Platform-A, Inc., for trademark infringement relating to our word-mark BOOMBOX RADIO, and infringement of our U.S. Patent Nos. 6,594,691 and 7,269,636. Per court order dated April 14, 2009, the case was transferred to the Court where our complaint against Tacoda, Inc. for infringement of our U.S. Patent Nos. 6,594,691 and 7,269,636 is pending. In our case against Tacoda, Inc., AOL, LLC, Time Warner, Inc. and Platform-A, Inc., Judge Robert W. Sweet endorsed a letter on August 26, 2010 that was dated August 17, 2010, requesting that the Court assign to Magistrate Judge Ronald L. Ellis the above action for settlement purposes.

On October 28, 2010, a mediation hearing was held before Magistrate Judge Ronald L. Ellis. It was also ordered that all proceedings relating to the mediation hearing were to be held confidential, that all information disclosed between the parties would be subject to the strict confidentiality requirements of mediation hearing practices, and that this confidentiality would carry on subsequent to the meeting.


Yahoo! Inc.
On November 16, 2009, Augme filed a Complaint against Yahoo! Inc. for patent infringement relating to U.S. Patent Nos. 6,594,691 and 7,269,636, which patents relate to methods and systems for delivery of selected content from a network to a web page visitor. The matter is currently pending in the United States District Court for the Northern District of California, Case No. C-09-5386 EDL. The remedies available to Augme, if successful, include an injunction prohibiting any infringing actions, an award of damages adequate to compensate for the infringement, and costs of the action. We previously reported this proceeding in our Quarterly Report on Form 10-Q for the quarter ended May 31, 2010 filed with the SEC on July 9, 2010.

A settlement conference was held on July 28, 2010. An order was issued by Magistrate Judge Elizabeth D. Laporte directing that the parties attending the settlement conference be members of management with full knowledge of the case and full authority to settle. It was also ordered that all proceedings relating to the settlement conference were to be held confidential, that all information disclosed between the parties would be subject to the strict confidentiality requirements of settlement conference practices, and that this confidentiality would carry on subsequent to the meeting.

On November 12, 2010, Yahoo! filed a motion for summary judgment with the United States District Court for the Northern District of California. On December 3, 2010, an order was issued by Magistrate Judge Joseph C. Spero denying the Yahoo! motion without prejudice. On December 3, 2010, Yahoo! filed a Notice of Motion and Motion for Leave to File Amended Answer with Additional Counterclaims and to join WorldTalk Radio, LLC as a Counterclaim Defendant. Augme denies that any merit exists with respect to these counterclaims and will continue to pursue the prosecution of Yahoo!'s infringement against the Company's patent claims.


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