I doubt this time, versus 2013 high price of .92,
Post# of 11803
(Total Views: 615)
Posted On: 08/29/2019 9:19:45 AM
Re: WinnerTakeAll #7641
I doubt this time, versus 2013 high price of .92, that sp exceeds .30 with a court victory due to much higher OS now than then. But I guess that remains to be seen.
Actually, the "sentiment" in 2013 was even worse than it is now. In 2013 the message board "sentiment" was, DECN is given an opportunity in court because this is the USA and everyone receives an opportunity, but DECN doesn't really deserve a real opportunity because they are DECN and J&J is J&J.
Interestingly this "sentiment" began right after the June 2013 oral argument session and its day before mediation during the summer months of 2013 and lead to many litigation players getting into DECN stock in anticipation. So by the time September 2013 rolled around things were getting pretty heated based solely on message board negative speculation, like now, and litigation player positive speculation.
In fact, in my humble opinion, had the Federal Circuit court not ruled in November 2013 in DECN's favor, but lets say ruled in January or February 2014, then the stock would have easily topped its high of $1.07.
Now what is this based on, and it isn't 20/20 hindsight. Some of these litigation players actually attended the 2013 oral arguments, and what they heard during the arguments were two things, first that J&J was cut off at every opportunity by the judges and in a court known for it decorum (patent cases are often sick for the gentlemanly handling by the judges and both sides). In this court it was the equivalent of J&J being savaged by the judge panel. The second, and more important thing, during that 2013 episode concerned the questions asked of DECN by the judges. That gave the litigation players the feeling that a Precidential ruling was in the offing. And that type of ruling, in that case over patent exhaustion would become in patent litigation lore, the "DECN ruling." It also didn't hurt that the Kourig case against Nestle was on the docket next, and the courtroom was packed. But what was also not lost on the litigation players was that DECN's rebuttal, the last 5 minutes of the hearing, drew deafening applause, not to mention the death stare and scowl from J&J's lead corporate counsel.
KB tells me that this case is stronger than the 2013 case. And while the 2013 case was a total route by DECN, the eventual ruling contained judicial responses to, in KB's opinion, too may issues, and while all of these issues fell in DECN's favor, it allowed the trial judge (a 9th Circuit activist) to ignore some, but not all, of what he was told by the Federal Circuit to put his own stamp on it. That's why it took another three years to settle that case.
This time is different. This time DECN is arguing only one point and that one point has only two explanations, either the judge in Vegas stuck it to DECN deliberately, or the judge in Vegas made up a ruling out of his fat lazy asz solely to get rid of a case he didn't understand and a case that would require a ton of court resources going forward. And this same Vegas judge was crushed in a ruling by the Federal Circuit in his only other patent case early in 2019.
I expect another Precedential ruling from the three judge panel, but this time it won't take 3 years from ruling to settlement. But most importantly, Mr. Berman is not a criminal, he is not anti-shareholder, he isn't incompetent like many message board posters, including this board, paint him. His priorities are just different than a typical penny stock trader's. Penny traders are incapable of understanding this. It ain't in their DNA.
Actually, the "sentiment" in 2013 was even worse than it is now. In 2013 the message board "sentiment" was, DECN is given an opportunity in court because this is the USA and everyone receives an opportunity, but DECN doesn't really deserve a real opportunity because they are DECN and J&J is J&J.
Interestingly this "sentiment" began right after the June 2013 oral argument session and its day before mediation during the summer months of 2013 and lead to many litigation players getting into DECN stock in anticipation. So by the time September 2013 rolled around things were getting pretty heated based solely on message board negative speculation, like now, and litigation player positive speculation.
In fact, in my humble opinion, had the Federal Circuit court not ruled in November 2013 in DECN's favor, but lets say ruled in January or February 2014, then the stock would have easily topped its high of $1.07.
Now what is this based on, and it isn't 20/20 hindsight. Some of these litigation players actually attended the 2013 oral arguments, and what they heard during the arguments were two things, first that J&J was cut off at every opportunity by the judges and in a court known for it decorum (patent cases are often sick for the gentlemanly handling by the judges and both sides). In this court it was the equivalent of J&J being savaged by the judge panel. The second, and more important thing, during that 2013 episode concerned the questions asked of DECN by the judges. That gave the litigation players the feeling that a Precidential ruling was in the offing. And that type of ruling, in that case over patent exhaustion would become in patent litigation lore, the "DECN ruling." It also didn't hurt that the Kourig case against Nestle was on the docket next, and the courtroom was packed. But what was also not lost on the litigation players was that DECN's rebuttal, the last 5 minutes of the hearing, drew deafening applause, not to mention the death stare and scowl from J&J's lead corporate counsel.
KB tells me that this case is stronger than the 2013 case. And while the 2013 case was a total route by DECN, the eventual ruling contained judicial responses to, in KB's opinion, too may issues, and while all of these issues fell in DECN's favor, it allowed the trial judge (a 9th Circuit activist) to ignore some, but not all, of what he was told by the Federal Circuit to put his own stamp on it. That's why it took another three years to settle that case.
This time is different. This time DECN is arguing only one point and that one point has only two explanations, either the judge in Vegas stuck it to DECN deliberately, or the judge in Vegas made up a ruling out of his fat lazy asz solely to get rid of a case he didn't understand and a case that would require a ton of court resources going forward. And this same Vegas judge was crushed in a ruling by the Federal Circuit in his only other patent case early in 2019.
I expect another Precedential ruling from the three judge panel, but this time it won't take 3 years from ruling to settlement. But most importantly, Mr. Berman is not a criminal, he is not anti-shareholder, he isn't incompetent like many message board posters, including this board, paint him. His priorities are just different than a typical penny stock trader's. Penny traders are incapable of understanding this. It ain't in their DNA.
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