This isn't much higher simply for a couple of reasons.
First, we are not at the step in which WDDD can monetize their patents, which is district court, that lies ahead and CAFC can scare the crap out of a lot of people. I know for a fact a few people who are simply waiting on Judge Panel draw before getting in. So there is a lot of smart money so to speak still sitting on the sidelines as a favorable Judge draw de-risks this tremendously. Whether the CAFC can legally take away claims is irrelevant, people think they can because they have got burned by other plays in such a way. This moves on retail buyers and sellers right now. Hype, fear, and profit taking are what is moving this at this time, except for the people who have done extensive amounts of DD, and those people have bought all they can afford to. SOme still adding as funds become available. Many are even over allocated like myself. I have too much, but I know the score, and love the catalysts that lie ahead, love the current risk vs reward, and see the long term potential as being possibly life changing. I have weighed the risk reward and find it better than anything else I have seen in a long time. Many of us, like myself look at Judge panel a chance to de-risk. So I bought more than I intended too allowing me the options to choose many different strategies based on price of the stock the week of Judge Panel draw. I am not the only one. Some wait for after the draw to lose some risk here, some chose to buy more and allow the price to ultimately de-risk before the Judge draw. Just a matter of how you see it and want to play. I play catalysts, and see the Judge Panel as a almost binary catalyst. SO I buy in before, and sell some to de-risk, and in a much better place if the judge draw is good as I have as many shares as I want, and not trying to chase if it goes well.
Second. WDDD can be viewed by an NPE, depending on how you define.
The difference is WDDD developed their patents, not bought them from someone else. They do not have any revenue coming in which gives the appearance of the standard patent troll, but once you dig deeper you see their patents were in fact being used, still being used actually. BUt the definition of patent troll or NPE is broad enough you can easily fit WDDD into that category, it is when you dig deeper you see this isn't the usual story at all. Dreamworks, MTV, and a bunch of big names were partnered with WDDD back in the 90's.
Lastly, it simply isn't getting any attention. It was all over the blogs, and being talked about leading up to markman, which was favorable, and the price was cranking along on its way to a dollar. Then Whitey Bulger hijacked the court, delay, Bungie IPR/PTAB delay, and various other minor delays along the way. The IP sector has changed, so many of the so called patent plays got hosed by the courts. That has left a sour taste in so many mouths. The hype on WDDD was leading up to markman which was what 4 years ago now? maybe 5? During that time the sector and possible big wins got the rug pulled out from under them by PTAB, which we already survived that death panel, pr the CAFC which is where we are now.