[_dimi_]

I thought this was particularly interesting, from the FIS (Fundamental Innovation Systems International LLC) vs. ZTE USA lawsuit, which outlines how expert Weinstein (chosen by FIS) calculated the past damages/royalty rate figure going forward. The judge agreed with FIS on this matter:

"Weinstein applied the equivalent royalty rate to ZTE’s accused products. When he did so, he treated mobile devices and USB charging adaptors as separate “units,” though ZTE “bundles” these products together. Id. at 6. ZTE contends that because all FIS’s licensees were given a “bundled rate” — devices packaged with charging adaptors were counted as one unit — Weinstein’s treatment of ZTE’s bundled products as two separate units is inconsistent. Further, ZTE claims that Weinstein’s justification for this approach impermissibly references the current litigation between ZTE and FIS in contravention of the requirements for the hypothetical negotiation. FIS claims that the “bundled rate” offered to its licensees was a discount and that experts are not required to assume discounts in real-world licensing agreements would apply in the hypothetical negotiation.2
FIS argues that it is permissible to assume there are reasons the discount FIS offered its licensees would not have been offered to ZTE in a hypothetical negotiation. This is particularly true, FIS argues, because the proper parties to this negotiation would have been ZTE and BlackBerry, not ZTE and FIS, as BlackBerry owned the patent when ZTE first allegedly infringed it."

Source:
https://www.courtlistener.com/recap/...0306.223.0.pdf

[Dunt Dunt Dunt]

Off topic... but wow, has anyone seen the Tesla Cybertruck? Can't believe that this model made it past the 'sketching' phase, LOL! Finally we, BlackBerry shareholders, can laugh at someone else.... :-)

I'm wondering what happens at 88 MPH?

[_dimi_]

To me this is more proof that BlackBerry is earning royalties from FIS' licensees. BlackBerry sharing a royalty with Centerbridge probably means a smaller royalty, but they received an upfront payment for the USB patents from Centerbridge, and this way they can keep those lawyer fees off their books while having external people take care of business.

[EchoTango]

"It's like doing that, but also while you have a history of drunk driving, and have written off the last 7 cars you've owned."

Coffee came out of my nose with that one.........lol

[W Hoa]

I'm wondering what happens at 88 MPH?

Through the wormhole.

[EchoTango]

Through the wormhole.

Duh !

Of course a wormhole, how is that not obvious ?

[W Hoa]

Duh !

Of course a wormhole, how is that not obvious ?

Nice to have a little levity around here for a change.

[Dunt Dunt Dunt]

I'm not sure wormholes have anything to do with Doc Brown's time travel...

"Because the car's stainless steel body improves the flux dispersal generated by the flux capacitor, and this in turn allows the vehicle smooth passage through the space time continuum via temporal displacement."

But then we are talking about science fiction....

Either way if they do a remake, I can see a product tie-in.

[drobbie]

There is something suspicious about the BlackBerry stock move today. Somebody knows something that is not yet public

[FeitaInc]

There is something suspicious about the BlackBerry stock move today. Somebody knows something that is not yet public

I think this was from "what I learnt losing a million dollars." by Jim Paul, or was it perhaps "Principles" by Ray Dalio. (?) Either way, in the book there's a story of a stock that has a price increase or decrease, where the moral is something along the lines of "don't waste time on figuring out why a stock is moving up or down. just act according to what it is doing (and the rules you have put in place to govern your actions). if you knew, you'd probably say "hey, that's a stupid reason!" and you'd be exactly at the same place you are.". (I might be completely butchering the story.)

perhaps somebody knows something. perhaps all the sellers are out, and buyers are coming back into the stock. I don't pretend to know, but I am acting according to what it's doing, which is to say a slight smile.

[dalinxz]

There is something suspicious about the BlackBerry stock move today. Somebody knows something that is not yet public

Every dog has to have it's day at least once every several years.

Happy Friday all

[EchoTango]

Every dog has to have it's day at least once every several years.

Happy Friday all

A 26¢ hot dog ?

Big wup.

[Sigewif]

I think this was from "what I learnt losing a million dollars." by Jim Paul, or was it perhaps "Principles" by Ray Dalio. (?) Either way, in the book there's a story of a stock that has a price increase or decrease, where the moral is something along the lines of "don't waste time on figuring out why a stock is moving up or down. just act according to what it is doing (and the rules you have put in place to govern your actions). if you knew, you'd probably say "hey, that's a stupid reason!" and you'd be exactly at the same place you are.". (I might be completely butchering the story.)

perhaps somebody knows something. perhaps all the sellers are out, and buyers are coming back into the stock. I don't pretend to know, but I am acting according to what it's doing, which is to say a slight smile.

It still has a long way up to go until it reaches the point at which, just a few months ago, I thought it could go no lower. There were some positive events over the last couple of days.
This:
https://www.prnewswire.com/news-rele...300961646.html
And this:
https://www.blackberry.com/us/en/com...global-network

[DREXcb]

Dale Peterson tracks the cyber aspects of industrial controls. He published a list of players. It would be nice to see BlackBerry there.
https://dale-peterson.us2.list-manag...5&e=93404cd9a4

[Corbu]

OT weekend read

https://www.theguardian.com/commenti...business-world
WeWork and Adam Neumann represent all that is wrong with the business world

[Chuck Finley69]

OT weekend read

https://www.theguardian.com/commenti...business-world
WeWork and Adam Neumann represent all that is wrong with the business world

Why? It happened in the original dotcom era. Then all the web2.0 companies started. In this era, BlackBerry itself straddled this conundrum.

Many come here complaining and longing for the good old days when BB was an extreme share price overvalued company. If the symbol BB were listed here, instead, with the WW valuation, wouldn’t everyone be elated?

As often quoted, don’t hate the player, hate the game. Additionally, if you hate the game, don’t be a player.

That’s a collective “you” and not a directed at you.

[zeman665]

All, there was an update on the patent case against Facebook, but I do not have access to the document. Can anyone provide details on this joint stipulation for judgement?

https://www.pacermonitor.com/public/...ook,_Inc_et_al

[rampagingpanda]

All, there was an update on the patent case against Facebook, but I do not have access to the document. Can anyone provide details on this joint stipulation for judgement?

https://www.pacermonitor.com/public/...ook,_Inc_et_al

Anyone know if these '351 and '929 patents were added later? I didn't see them listed on the original claim

[JLagoon]

Hi all,

I thought, I would share an updated chart of BB. In my last post October 16, we had the possibility of an ascending triangle in the forming. That pattern was broken, and it turned out to be a bigger ascending triangle with 2 weeks worth of trade up to early November. As calculated, the trading range to expect was $5.50 - $5.60, and BB has traded in this range for the past 2 and a half weeks.

Last Friday, we had a green day with good volume, and the stock closed at $5.60 with a high of $5.64, and a low of $5.36. RSI is neutral; there is plenty of room to go up. I don't see any pattern yet, except resistance at $5.64 - $5.73, and $5.69 (MA50). There is also a major resistance line (the top black line), which extends back to April 2019. If we look further into the past trade as shown in the long range view with weekly range, this line can be somewhat extended to 2018. You may notice in the long range view chart, BB has had volatile movements near the beginning or end of every quarter. I expect "an answer" on the chart, before end of this year or in the first two weeks of January 2020.

ER will be on December 19, 2019. I hope, JC and team will present good result with tone of confidence without any lukewarm / vagueness that past conference calls had. The stock has taken much discount. Investment firms have somewhat neutral grade on BB. Some notable players increased their positions. JC and the other executive bought stocks (please buy more JC!). Shorts have kept to pile up still, expecting BB to go below $5. Press releases have seemed to come out more regularly since the new hiring of communications director. It's time for BB to show Wall Street that it "got game" suffice to say.

Daily view:


Long range view:

[_dimi_]

Anyone know if these '351 and '929 patents were added later? I didn't see them listed on the original claim

They weren't part of the original claim.. which tells me that since the judge revoked them since they are too 'abstract' (but the PTAB came out a few days later saying that they are valid patents) isn't the worst outcome. They were probably added and used as leverage. But I don't think that it's the outcome they were hoping for, for these 2 patents anyway.

[Dunt Dunt Dunt]

ER will be on December 19, 2019. I hope, JC and team will present good result with tone of confidence without any lukewarm / vagueness that past conference calls had. The stock has taken much discount. Investment firms have somewhat neutral grade on BB. Some notable players increased their positions. JC and the other executive bought stocks (please buy more JC!). Shorts have kept to pile up still, expecting BB to go below $5. Press releases have seemed to come out more regularly since the new hiring of communications director. It's time for BB to show Wall Street that it "got game" suffice to say.

My guess is this quarter will be one of reassembling the UEM team and working to integrate Cylance still.... numbers might not be great. But at this point Chen should be able to better speak to immediate improvements to come.

[dalinxz]

My guess is this quarter will be one of reassembling the UEM team and working to integrate Cylance still.... numbers might not be great. But at this point Chen should be able to better speak to immediate improvements to come.

A Trainwreck is all to be expected. Mister master non communicator, a company that has lost almost all it's value sitting at 17 year lows, and a CEO who hasn't said a peep, and when this has been the case it's been bad news, bad news, bad news.

Ready for some more bad news?

[Chuck Finley69]

A Trainwreck is all to be expected. Mister master non communicator, a company that has lost almost all it's value sitting at 17 year lows, and a CEO who hasn't said a peep, and when this has been the case it's been bad news, bad news, bad news.

Ready for some more bad news?

Based on Chen’s hiring, Sybase was 8-9 year turnaround and the buyout didn’t happen until year 12 or so. The company is effectively owned and controlled by Fairfax and Prem Watsa. For now, we’re only at year 6 and the ownership structure does act or deter many other potential institutions that don’t have the inside track. None of this is really any different than Berkshire Hathaway and it’s controlled holdings.

I’m curious as what you’re expecting from what’s basically a controlled subsidiary? The play to own Fairfax makes better sense or if you like the sector, competition makes a better play as takeover from BlackBerry or another company. The smarter play in BlackBerry is to generate income writing calls or puts depending on your future share price expectations.

[EchoTango]

My guess is this quarter will be one of reassembling the UEM team and working to integrate Cylance still.... numbers might not be great. But at this point Chen should be able to better speak to immediate improvements to come.

In general I agree with your assessment of the coming ER.

I might add and/or hope to see more direction on the expected revenues coming from the previous design wins and the Radar sales performance numbers broken out. I'd also like to get more detail on the Cylance expense run-rate (capex and opex) with an expectation that it has stabilised to a point where they are profitable from a stand-alone division perspective.

I also suspect we will see some more detail around the launch of SPARK which I suspect they will promote as the solution to the recent ESS revenue declines. Let's hope it has been designed with enough leading edge features to attract a significant market share the security "freeware" strategy of the larger software providers. They seem to be betting big on this software release.

With the share price currently bouncing along the bottom, they need all the positive buoyancy they can muster.

[_dimi_]

This dates back to March 2018, but also major imho and might be the reason why this lawsuit has been taking so long (since early 2017).

"On March 16, 2018, Judge Godbey entered an Order in Fundamental Innovation systems International, LLC v. ZTE Corp. (available here) resolving ZTE Corporation’s motion to dismiss for improper service.
In this case, Fundamental engaged a foreign process server to serve ZTE Corporation, based in China, through Hague Convention procedures and forwarded a copy of the required documents to the Central Authority of China. At the time of ZTE’s motion to dismiss for improper service, Fundamental had not received confirmation of service and the Central Authority in China does not “provide a means for checking the status of a service request.” At the same time, Fundamental tried to effectuate service by serving ZTE USA as ZTE Corporation’s general agent.
The Court first determined that, even though ZTE USA is a subsidiary of ZTE Corporation, ZTE USA is not the alter ego of ZTE Corporation—as such, proper service must be made upon each defendant separately. Because the two entities are distinct, the Court found that Fundamental’s attempt to serve ZTE Corporation by serving ZTE USA was improper. But the Court found that, “although [Fundamental] is attempting to serve ZTE Corporation in China in accordance with the Hague Convention, such service may take 18 months or longer—and the exact time needed for completion is unpredictable. . . . [A]lternative service on ZTE Corporation’s counsel is likely the best, fastest, and most reliable service method.” The Court therefore allowed Fundamental to serve process on ZTE USA’s counsel, which was also the counsel for ZTE Corporation."

So they're going after all of ZTE (including China). Combine this bit of news with an IP deal between China and the USA (do they really want to pay twice the royalty rate, instead of a bundled price?!), and we'll have some more money in the bank soon!