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Investment Analysis: 3 Distinct Outcomes
As of time of writing, there are three possible endings for this David and Goliath story. Each of them presents some form of opportunity for investors though some require approaches that are polar opposites.
The first possibility is that Decision Diagnostics manages to win their case. While the idea seemed farfetched when the case started two years ago, it may be the most likely, as viewed by the panel of USPTO judges. In this final decision of the suit, I guarantee a drastic increase in Decision Diagnostic's share value, probably dwarfing their September 12, 300% rise. While only trading at 0.66 USD a share right now, I would project the value to surpass at least 1.50 a share, if not 2 dollars. Based off recent news, I consider this to be the most likely outcome and as such have taken an appropriate long position on this stock.
The second resolution is of course, the opposite. Should Johnson and Johnson win the final judgment on this case, it almost certainly is terrible news for Decision Diagnostics, and any reparations they might be required to pay, combined with their existing legal expenses could even result in total bankruptcy or a redistribution of their assets. Of course for an investor who espouses this view, the opportunity to take a short position on the stock still exists, and could make them a tidy profit. However, historically this stock has risen very rapidly and fallen much more slowly, making this an extremely risky position. Proponents of this position would also stand to make a minor profit from a long in JNJ as they regain their monopoly on single use strips, though any change would be much less dramatic.
Finally the third possibility is in either outcome, or even before the final ruling, Johnson and Johnson's mergers and acquisitions department could take an interest in Decision Diagnostics. While unthinkable two years ago, recent rumors among investors have suggested that this could very well be in the cards, especially if the court decision ends in favor of Decision Diagnostics. It would give Johnson and Johnson back full control of the single strip market for their LifeScan devices, as well as giving them the use of the more accurate GeneStrip technology. In addition, if the court did rule against them, they have opened up the possibility of making their own generic strips for use with competing meters to encroach on their rival's market share. By contrast, if the court rules in their favor, they would be able to acquire Decision Diagnostics at a depreciated value and gain the GeneStrip technology in the process. Should Johnson and Johnson acquire Decision Diagnostics and its subsidiaries, again the more prudent move would be a long position to take advantage of the inevitable surge such an action would make.
With two of the three outcomes favoring a long position, including that ruled most likely by several judges, I choose to go long on DECN. The current low value per share minimizes my potential risk, and the historical behavior, as well as the potential benefits of the case ruling in their favor makes this a chance to double or triple the money I put in. As the case rapidly approaches a judgment, time is running out to take advantage of this opportunity.
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