Quote:
Originally Posted by NajdorfDefense
Shorting 3x levered ETFs
You're better than that!
I ditched them and changed it to penny stocks and lotto ticket DGLY
Quote:
Originally Posted by Malachii
Morhsita: You're a patent attorney, right? Do you have any updated thoughts on DGLY? I've been kind of keeping a loose eye on it and their litigation sounds promising, but as I recall when we last discussed it you thought there was potentially something there but too many question marks to seriously consider investing in it. Has something changed?
What changed is an investment by several Kansas-based firms that gave them enough money to backstop the company from bankruptcy and proceed through the litigation. Funding is in the form of dilutive warrants that are convertible at $3 a share and are equivalent to 1/3rd of the float dilution wise, but given the potential damages it is not too worrisome.
DGLY's counsel has done a bang up job and pretty much everything you could reasonably ask of them. Home court in Kansas, in a federal circuit that doesn't handle patent cases very often, in front of a jury that most likely doesn't handle patents at all, but will view the case as a poor local Kansas company getting shafted by this big bad out of state company called AAXN.
Further, invalidity of the patents is no longer a defense as somehow AAXN's counsel shanked 6 IPRs for invalidating the patents. IPRs normally have a 50-80% chance of invalidating a patent, so that in itself is remarkable. The only thing AAXN can assert is non-infringement as a defense, and that will be determined by the Kansas jury.
Seems ripe for a repeat of Carnegie Mellon v. Marvell, in which Marvell got hit for something ridiculous (1.2b in damages) by the Pittsburgh jury when Carnegie Mellon was only asking for 100k a year license initially. It won't be that extreme, as back of the envelope calculation for damages is x% (reasonable royalty) * 500m (rough total revenue from AAXN on the related product while the patent was in force) * possible 3x multiple for damages if willful infringement is found, so it could be anywhere from 5m to 600m. But if you look at the market cap and how the stock seems to undergo a massive short squeeze of 30%+ every now and then on fake news, even a 30-60m judgment could be another Porsche/Volkswagen moment for shorty.
It's up to the counsel and the Kansas jury now. However, if the Kansas jury doesn't rule in DGLY's favor, then the stock will unquestionably be a zero so it is a binary lotto ticket.