HTC bought nine patents from Google last week, and Google got them from Motorola Mobility (NYSE: MMI), Palm and Openwave (NASDAQ: OPWV).

Bloomberg reports that “HTC now has more ammunition in its fight to fend off multiple patent-infringement claims lodged by Apple that contend phones running Google’s Android operating system copy the iPhone.”

The new patent “lend/lease” plan may be only the beginning of the legal struggles between HTC and Apple. Courts could be asked to rule whether a company can gain patents it did not originally file after a suit has begun. It is open to interpretation as to whether a firm can arm itself with intellectual property from an ally. If so, several smartphone makers may begin to move patents to win favorable legal judgments.

The HTC and Google deal could change the landscape of fights over phone features. Microsoft (NASDAQ: MSFT) has banded with Nokia (NYSE: NOK) in an attempt to take market share in the smartphone sector — one in which neither has been successful. Microsoft maintains one of the largest patent portfolios in the world.

Research In Motion (NASDAQ: RIMM) has a large number of patents to protect BlackBerry devices and the operating systems that run them. Investors have pressured the Canadian firm to sell some of its patents to make money. And Google has bought Motorola Mobility in a move that many on Wall St. say is aimed more at the ability to increase the search firm’s patents than to get into the smartphone hardware business.

There could be almost no end to new suits and challenges to the validity of product IP if patents can be moved around as easily as HTC and Google assume they can be.

Douglas A. McIntyre

Integrated Device Technology, Inc. (NASDAQ: IDTI) met estimates, but missed on revenues after the close.  Shares are trading down 8.2% at $6.16 in the after-hours session.

The McGraw-Hill Companies, Inc. (NYSE: MHP) is surging on news that Jana Partners and the Ontario Teachers are not just going activist… They took a stake and are pushing for the company to bust itself up to enhance value.  Shares are up almost 6% at $43.85 in active trading after the close.

Openwave Systems Inc. (NASDAQ: OPWV) is one that many have already forgotten long ago, but a wider loss and announcing job cuts is not going to help matters.  Shares closed down almost 2% today and shares are down another 6.3% at $2.07 in the after-hours session.

Siliconware Precision Industries Company, Ltd. (NASDAQ: SPIL) fell after reporting almost 2% sequential sales growth that seems to have missed the mark. Shares are down 8.8% at $4.52 after the close.

Synchronoss Technologies, Inc. (NASDAQ: SNCR) turned in an 8.5% earnings gain but also announced a patent settlement with Dashwire for cloud management patents; Synchronoss shares are up 6.7% at $30.70 in the after-hours session.

Texas Roadhouse, Inc. (NASDAQ: TXRH) is getting clipped in after-hours trading after posting a penny-lite $0.22 EPS and giving 5% growth guidance on earnings rather 5% to 10% previously along with lower margins.  Shares are down 9.7% at $15.00 in the Monday evening post-close period.

JON C. OGG

Seahawk Drilling, Inc. (NASDAQ: HAWK) is down 60% premarket to $3.16, relative to a 52-week range of $6.79-$23.07. Seahawk has filed for bankruptcy, and is selling its assets to Hero Offshore for $105 million.

Hercules Offshore, Inc. (NASDAQ: HERO) is up 21% on heavy volume to $4.40, relative to a 52-week range of $2.05-$4.86. The company buying assets of the bankrupt Seahawk Drilling, for $105 million.

Openwave Systems Inc. (NASDAQ: OPWV) is up 16% premarket to $2.46, relative to a 52-week range of $1.57-$2.90. The company recently announced a strategic partnership with Juniper Networks (NYSE: JNPR).

STEC, Inc. (NASDAQ: STEC) is up nearly 6% on moderate volume this morning to $25.12, relative to a 52-week range of $9.47-$24.38. The company recently issued Q1 guidance which exceeded analyst expectations.

DIEDRICH COFFEE INC. (NASDAQ: DDRX) is the other coffee stock, although it is a roaster, and it is being added into the Russell 3000 under the “Consumer Staples” sector.  At $18.40 its market cap is only $100.6 million.  Be advised that this has been the top performer of all stocks we track for 2009.  If you bought 1,000 shares between November 2008 to March 2009, you would have paid $300 or less.  But after the run-up, this $300 investment would be worth more than $18,000 today.

OPENWAVE SYSTEMS INC. (NASDAQ: OPWV) is being re-added back into the Russell 300 as a “Technology” sector stock.  This cult stock should have probably ended up owning the space for digital content and digital actions in the mobile space.  Instead it became the wireless and technology version of the Boulevard of Broken Dreams.  As the carriers consolidated it killed the company’s business growth.  Amazingly, this one is up more than 400% from its lows and at $2.37 its market cap is back to $197 million and the 52-week range is $0.45 to $2.43.  There are many many holders who owned this up at $8.00 and higher.

STEMCELLS INC. (NASDAQ: STEM) is being added into the Russell 300 in the “Health Care” sector.  This one now gets to join another stem cell stock in the index. This stock is $1.62 and its 52-week range is $0.66 to $3.07 and its market cap is now $167 million.

YOUBET.COM INC (NASDAQ: UBET) is being added to the Russell 3000 in the Consumer Discretionary sector.  This stock has made a substantial comeback from lows (400%) and is very close to a yearly high.  This one has traded higher over the last week in anticipation of the addition and its market cap is now $132 million.

Again, there are two more opportunities as the other Russell index changes will be amended today and again next Friday.  It is always possible that some of these will change.

Jon C. Ogg
June 19, 2009

We ran a screen for NASDAQ stocks with active trading volume, share prices under $1.00, and those which have traded over $1.00 in the last 52-weeks.  Some of the most usual suspects here are as follows:

Name        Symbol                        Price    Mkt Cap   Avg Vol       52-wk Range
Autobytel Inc. (ABTL)                    $0.40    18.09M    255,678        0.31 – 3.30
Beacon Power Corporation (BCON) $0.62    61.40M    973,758       0.50 – 2.18
BankUnited Financial (BKUNA)       $0.24    8.61M    612,080         0.24 – 8.00
Charter Communications (CHTR)    $0.13    53.58M    5,062,670     0.11 – 1.68
Candela Corporation (CLZR)           $0.53    12.12M    195,383        0.31 – 5.93
Cosi, Inc. (COSI)                           $0.25    10.19M    197,683        0.25 – 3.24
Eddie Bauer Holdings (EBHI)          $0.51    15.72M    288,632        0.30 – 8.72
8×8 Inc (EGHT)                              $0.47    29.30M    157,789        0.40 – 1.30
Emmis Communications (EMMS)    $0.41    14.91M    202,774        0.25 – 4.27
Finisar Corporation (FNSR)             $0.40    171.83M   3,241,740     0.29 – 1.96
Glu Mobile Inc. (GLUU)                   $0.44    13.02M    92,946.2       0.22 – 5.77
Globalstar, Inc. (GSAT)                   $0.22    26.35M    634,428        0.17 – 9.50
ChipMOS TECHNOLOGIES (IMOS) $0.19    15.95M    538,883        0.18 – 4.39
Jones Soda Co. (JSDA)                  $0.38    10.02M    154,182        0.31 – 8.20
Jupitermedia Corporation (JUPM)     $0.44    15.83M    112,874        0.20 – 4.03
SourceForge, Inc. (LNUX)                $0.96    61.58M    345,160        0.32 – 2.59
Level 3 Communications (LVLT)       $0.70    1.13B    25,960,200      0.60 – 4.48
MRV Communications (MRVC)        $0.80    125.74M    522,931      0.21 – 2.57
Openwave Systems Inc (OPWV)      $0.64    52.99M    400,640        0.45 – 2.89
Pacific Ethanol, Inc. (PEIX)              $0.72    41.59M    591,114        0.50 – 9.88
Powerwave Technologies (PWAV)    $0.48    64.25M    2,752,260     0.35 – 5.30
RF Micro Devices, Inc. (RFMD)        $0.94    247.34M    5,364,060    0.70 – 6.00
Sanmina-SCI Corporation (SANM)    $0.52    279.31M    5,529,640    0.27 – 2.66
Sirius XM Radio Inc. (SIRI)               $0.14    491.88M    55,366,100  0.08 – 3.89
Spansion Inc. (SPSN)                      $0.22    35.81M    1,428,130     0.20 – 4.29
NextWave Wireless Inc (WAVE)       $0.10    9.90M       577,515       0.07 – 7.59
Xinhua Finance Media (XFML)           $0.61    43.60M    333,146        0.31 – 6.71

If you think about this, there is also a financial incentive.  Ifhundreds of stocks magically get sent to the minor leagues of theOTC-BB or the Pink Sheets, then NASDAQ would lose a substantial amountof revenue.  It would also lose a significant amount of daily exchangevolume.

Jon C. Ogg
December 19, 2008

Tiffany (TIF) Even the rich are being pinched. Down to $32.84 from 52-week high of $57.34.

Coach (COH) More rich people spending problems. Also, gets a broker downgrade. Drops to $25.15 from 52-week high of $54.

Compuware (CPWR) Expects to miss quarterly numbers. Trades off to $7.04 from 52-week high of $12.56.

Openwave (OPWV) CFO heads for the door and broker downgrades. Dips to $1.20 from 52-week high of $10.58.

Douglas A. McIntyre

Douglas A. McIntyre

Qwest Communications (Q) Big telecom company turns in ugly forecast. Shares fall to $6.94 from 52-week high of $10.45.

Rite Aid Corporation (RAD) Still dogged by high costs and low margins on generic drugs. Falls to $3.80 from 52-week high of $6.74.

American Medical Systems (AMMD) Lowers outlook for the year and is hit with downgrade. Drops to $11.89 from 52-week high of $33.18.

Openwave Systems (OPWV) Still slipping after last week’s earnings. Drops to $3.86 from 52-week high of $10.58.

Divx Inc (DIVX) Deal the company has with Google (GOOG) gets unpleasant amendment. Share move down to $12.24 from 52-week high of $31.89.

Douglas A. McIntyre

If you are interested in Internet stocks that also may be taken over, we are getting ready to release our own internal "watch list" of small cap Internet stocks to subscribers of our Special Situation Investing Newsletter that we have kept private.  We do not believe theese are currently takeover targets, but under the right circumstances and prices these could all easily become subsidiaries of the current Internet giants.  Two companies that were acquired this year off that list this year were Web.com and 24/7 Real Media.

The Web.com buyout was one we had been calling for basically two-years before it happened, and they let things get south compared to when there was huge value.  Be careful on betting on major premiums just because of others.  We noted this specifically where 24/7 Real Media was giving itself away too cheaply.

One free peek on our list is OpenWave (NASDAQ:OPWV), although we think this one has worked itself into such a bind that a true buyout would be a "saving bid to scoop up on the cheap" after a major sell-off rather than a footrace with a major premium.

Jon Ogg
October 8, 2007

Jon Ogg produces the "Special Situation Investing Newsletter" and he does not own securities in the companies he covers.

Reuters writes that American Home Mortgage (AHM) will close today and lay-off all of its employees.

The Wall Street Journal wirtes that Amazon (AMZN) has begun to test grocery delivery in Seattle.

The Wall Street Journal writes that Boston Scientific (BSX) called off the IPO of its endosurgery division

The Wall Street Journal writes that Dell (DELL) paid $340 million for ASAP Software.

The New York Times writes that Take-Two (TTWO) has had to delay it Grand Theft Auto game and revise its earning down.

The New York Times writes that Ford (F) hopes to sell Jaguar and Rover by the end of the summer.

The FT reports thtat the current credit environment could keep some large buy-outs on hold for months.

Barron’s writes that shares of Openwave (OPWV) fell after its announced disappointing earnings.

Douglas A. McIntyre