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coolerheadsprevail

03/01/14 12:48 PM

#16375 RE: Kool Aid Drinker #16373

WDDD can file 10000s time to request a MM date. But the most important part of this case is whether MSJ is denied or accepted.


That is correct, and the MSJ is certainly not a paper tiger; it's got real teeth to it in spite of what many market participants may think -- after all, there's a reason why the Court didn't simply delay the Markman by re-scheduling it for 4-6 months down the road, but rather the Court nix'd it altogether. Clearly, the Court sees some legitimate merit to ATVI's MSJ.

However, there is no downside to WDDD filing that motion yesterday. Because of it, we now have the possibility of separating the Markman from the MSJ. The Court could deny WDDD's motion, but that is no real loss as it simply puts us back to where we were -- waiting for the MSJ ruling. There is no negative to yesterday's filing; it is like seeing the river card come out in a poker game and realizing that it now gives you an extra "out card" that can help you.

THAT ALL BEING SAID, I think it is important for investors to not let the cart lead the horse. WDDD is a penny stock. Read that last sentence again. Anyone staking out strictly a "buy and hold" position of long common stock and simply deciding to ride this out to the bitter end is the bravest man/woman on the planet. Most of us, I would imagine, are either strictly opportunistic traders or speculative investors who believe in WDDD's patents but also trade around a core position to supplement/complement said core holdings. Both are fine. There is no "us" vs "them" w/respect to this silly notion of "true longs" vs "traders" that many immature posters like to believe and perpetuate on other MB's. Market participants of all types are all a natural part of the market ecosystem, and you just simply need to recognize it and plan a strategy around it (not by denying it or hoping it doesn't exist and then complaining about it when it shows up).

In this light, it's one catalyst at a time. In this case, we now have the POSSIBILITY (not opining on PROBABILITY here, simply acknowledging the possibility) of two potential catalysts in what should be the near-term (I say this simply because I can't fathom the MSJ hanging out their for another 3-6 months).

Until the ultimate catalyst is achieved (i.e. resolution of the case via either trial victory or settlement), all other catalysts leading up to it will be played up and down, with volatility being ever-present.

Play accordingly. In pennyland, the key to success is being vigilant and being nimble. Remember, investing is about making money. Period.

GLTA...