The intent of this article is to mainly
run through some of the possible valuations and scenarios that seem evident for
Vringo’s approaching expected final verdict against Google on January 22, 2014.
It is also to hopefully help provide an idea of what sort of returns could be
expected from specifically just the Google court case. This analysis does not
include the cases against ZTE, ASUS or any other and those would only add to the
total potential value.
I would like to point out that I
am not a professional and do not currently hold any designations in the
financial industry. I do not claim to understand the situation in its entirety
and have no experience in the NPE or Non-Performing Enterprise segment or the
legal system. I am merely a physics turned finance student interested in
patenting companies and an individual investor with limited experience. With
that being said, I have tried to be as diligent as possible and I may be wrong
in some of my assumptions or analysis, of which I hope others will kindly point
out if any. I will also try to state most of the important assumptions needed
to understand where I am coming from.
I will go through the critical
assumptions in my analysis, followed by a scenario summary. I will then give a
valuations matrix summary on the 9 different most probable outcomes to see what
2 different associated valuations may be in each. Please be advised that I do
not address the risk of the company or situations presented and none of the
information is to be misconstrued as recommendations despite giving my own
opinion at the end that the stock seems to be substantially undervalued and
seems to have limited downside. All information was solely presented for
discussion and informational basis. Always use your own due diligence in all research
and investing matters.
Assumptions used in analysis:
Adword% of Rev
|
97.00%
|
Avg US AdWord %
|
45.00%
|
Rev base %
|
20.90%
|
RR 1
|
3.50%
|
Total % of Rev
|
0.32%
|
RR 2
|
5.25%
|
Total % of Rev
|
0.48%
|
RR 3
|
7.00%
|
Total % of Rev
|
0.64%
|
Scenarios Payout Summary
1st Scenario – Workaround is found valid
This seems unlikely to me considering
the rhetoric on the matter and the opinions given by other knowledgeable
authors here on SA. It is still possible that the judge finds the Workaround
(WA) to be valid, thus ending any royalties on May 10, 2013. This would mean
that the royalties should be paid as follows.
2nd Scenario – WA found invalid
This scenario is basically to see
what the valuation would be like given that the original workaround is invalid,
but Google may come out with another workaround right away. This would leave
the RR payments to be calculated from November 20, 2012 to January 1, 2014.
3rd Scenario – WA found invalid and Google pays until patent
expiry
This scenario uses the present
value of the projected Google revenue at their average revenue since
infringement and a [0.41%,4] or [2%,1] discount rate. This scenario also uses
the same assumptions as Scenario 2.
Valuation
Summary
VRNG Current Market Info
|
Price
|
3.11
|
Market Cap. ($mil)
|
$262,470,000
|
Shs Out
|
84,125,738
|
Diluted Shares Out
|
86,102,000
|
Revenue
|
$370,000
|
Price to Rev
|
716.21
|
RevPS
|
0.01482
|
P/S
|
212.56
|
EV
|
$221,350,000
|
Price to EV
|
1.1972
|
BV
|
$130,090,000
|
BVPS
|
1.5460
|
Price to BVPS
|
2.0180
|
Since a portion of the expected
revenue generation from patents in this case is probably already baked into the
price, as can be seen from their incredibly high P/S or P/E ratio, I tried to
flatten out the huge potential payouts by using the average Rev/yr for the
infringing period to see how the price would react to the favourable outcomes. Using
the above information and assumptions given, I built a company comparison table
given here.
In the comparison, I disregarded the
few outlier values, namely those from VHC and WDDD, to normalize the values
calculated. For the valuation I decided to look at the EV/S multiple because of
the different capital structures of the comparable companies and the P/S
multiple method. It should be noted though that EV actually becomes negative
for VRNG in many of the more lucrative outcomes and I used the current EV to
potential average revenues generated per year for the infringing periods as a
basis. Using the comparison table I found the mean or average of the P/S and
EV/S ratios and used those to calculate the multiples and target prices given
below in the matrix. If I had more time, I would have liked to see some results
from other valuation types. If you think there are other valuations you feel are
more appropriate, I invite you to write an article too.
Conclusion
It seems from the abundant articles
of varying opinion and the number of people shorting the stock, that it is a
highly contested one. Though if you have the conviction to go long on this one,
it seems from the matrix above that even at what I believe to be the ‘worst’
outcome, there is limited risk at current prices.
Appendix:
History and Timeline of Major Filings
Sept 15, 2011 - I/P Engine filed
a complaint against AOL, GOOG et al. for infringements on 2 of its patents,
‘420’ and ‘664’. Patents filed after June 8, 1995, expire 20 years from the
earliest filing date. This make the expiration of the patents Apr 4, 1996.
However, Patent 664 also has an extension under 35 U.S.C. 154(b) by 467 days,
extending the expiry to July 15, 2017. I have however used the expiry of both
patents as the April 4, 2016 date in my analysis.
November
6, 2012 - The
jury reached a verdict finding that the Defendants had infringed,
and awarded $30,496,155 for past
infringements, which did not include interest, and also awarded a running
Royalty Rate (RR) of 3.5%.
November 20,
2012
- The formal judgment of the
Court was entered into the record
May 10, 2013 -
Google allegedly found a proposed Workaround, referred to as the ‘New AdWords’
5 months and 21 days after the November 20, 2012 Judgement day.
August 14,
2013
– Judge Jackson (JJ) states the Workaround is not colourably different but up
to VRNG to prove on an ongoing basis.
Jan 3. 2014 - Judge
Jackson provides a firming statement that RR is 3.5% on revenue base of 20.9%
should be upheld, but also finding pre-judgement interest of $536,707, and supplementary damages of
$16,784,491 without supplementary interest should be awarded. He also defers
post-judgement interest and supplementary damages interest and asks for a
recalculation.
Various Major News PACER
documents
https://drive.google.com/file/d/0B2RRPwEO9xz4LWFXbS1fMGVlVHM/edit?usp=sharing
https://drive.google.com/file/d/0B2RRPwEO9xz4MXY1Z3lTbDQtWWs/edit?usp=sharing
https://drive.google.com/file/d/0B2RRPwEO9xz4ZWt5T0FpcjVtUFk/edit?usp=sharing
https://drive.google.com/file/d/0B2RRPwEO9xz4ZXpGSWZvcElFczA/edit?usp=sharing
https://drive.google.com/file/d/0B2RRPwEO9xz4cm9naVY1WkRaSzA/edit?usp=sharing