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CA Technologies Seeks Injunction Against AppDynamics’ Use Of CA Intellectual Property

Courtesy of Benzinga.

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CA Technologies (NASDAQ: CA) today announced it has filed counterclaims against AppDynamics, Inc. and its founders, Jyoti Bansal (“Bansal”) and Bhaskar Sunkara (“Sunkara”), in a lawsuit pending in the U.S. District Court for the Northern District of California. It is clear that significant portions of the AppDynamics code was written while its founders were CA employees. CA will take every necessary step to ensure that others do not use its code or infringe its patents.

CA is seeking a court declaration that it owns the code written prior to Bansal’s and Sunkara’s departure from CA as well as any derivative works. CA is also seeking an injunction against AppDynamics prohibiting the misuse of CA’s intellectual property and financial damages.

The claims filed today allege that Bansal and Sunkara secretly began to develop an Application Performance Monitoring (APM) product and business to compete directly with CA while they were still CA employees. CA maintains that these actions occurred after CA acquired Wily Technologies, its APM product and its key software engineers in 2006. CA alleges these actions violated obligations Bansal and Sunkara had under agreements with CA, breached duties they owed under law and infringed CA’s intellectual property rights.

In April 2013, CA filed a patent infringement suit against AppDynamics, Inc. in the U.S. District Court for the Eastern District of New York. CA discovered the facts underlying its current claims during pre-trial proceedings in the New York case.

Posted-In: News Legal Press Releases

Chipotle Shares Move ~10% On Earnings Report

Courtesy of Benzinga.

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Chipotle Mexican Grill (NYSE: CMG) shares are shooting up after the company announced the results of its second quarter Monday.

Revenue beat the analyst estimate by 6.4 percent at $1.05 billion versus $987.2 million. Year over year, this is a 28.6 percent increase. Same stores sales led the way with a 17.3 percent increase.

Earnings topped Wall Street’s consensus by 14 percent at $3.50 per share versus $3.07 per share. The company lost some scale as this is just a 25.5 percent year over year beat. Food costs increased by 1.5 percent of sales and G&A expenses increased by 0.9 percent of sales.

Looking forward, Chipotle expects 180-195 restaurants opened in 2014 coupled with same store sales to increase in the mid teens.

Shares of Chipotle were last trading at $645.16, up 9.4 percent in Monday’s extended hours session.

Posted-In: Earnings News Guidance After-Hours Center

Imperial Confirms Talks to Acquire Assets from Reynolds American, Lorillard Ahead of Merger

Courtesy of Benzinga.

Imperial Tobacco (OTC: ITYBY) confirmed it was in talks with Reynolds American (NYSE: RAI) and Lorillard (NYSE: LO) regarding a potential acquisition of assets from the two companies, ahead of their long-rumored merger, according to Reuters. Reports on Thursday indicated Reynolds and Lorillard were near a merger deal that could be announced as soon as Friday, and a sale of the assets was needed to ease regulators anti-trust concerns.

View full article…

Posted-In: ReutersNews Rumors Asset Sales M&A

Arena Pharmaceutical Shares Dive On News CEO Sold 40% Of His Shares

Courtesy of Benzinga.

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Arena Pharmaceuticals (NASDAQ: ARNA) shares plunged Monday on news that its chief executive Jack Lief sold nearly 40 percent of his holdings in the company.

Lief sold 223,525 shares on July 1 at $5.85 per share. The transaction was an "automatic sell" apparently triggered by a declining share price.

While unusual, the transaction isn't unique among Arena's insider deals. Dominick Behan sold 200,000 shares at $6.30 per share in October, according to filings.

"Lief dumping 40% of his Arena shares all at once when the stock is hitting new lows isn't exactly confidence inspiring," wrote TheStreet columnist Adam Feuerstein.

Feuerstein said the transaction is the death knell of intermittent rumors that Eisai Co. (OTC: ESALY) will acquire Arena.

After opening sharply lower Monday, Arena traded recently at $5.33, down 8.73 percent.

Posted-In: News Insider Trades Movers

Biotech Enters Reporting Season With Large Caps Central To Sector Performance

Courtesy of Benzinga.

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Biotech stock stocks enter their earnings season with investors increasingly interested in the long-term outlook for product pipelines, although large-cap growth stocks remain central to the sectors performance, an analyst said Friday.

Credit Suisse’s Ravi Mehrotra notes that the sector started the year with a bang, but sank sharply in March on a national debate over drug pricing.

But it’s since snapped back with large caps leading the way.

Among the industry giants, Biogen Idec Inc. (NASDAQ: BIIB) reports July 23 and Mehrotra says investors area focused on results from the recent launch of the company’s Hemophilia B drug Alprolix and its Multiple Sclerosis drug Copaxone as well as the pending launch of its Hemophilia A drug Eloctate.

Mehrotra expects no earnings surprise nor significant pipeline news, and rates Biogen Overweight with a target of $400.

Another large cap, Gilead Sciences, Inc. (NASDAQ: GILD) is reporting July 23, Mehrotra said the most important headline number will be revenue for the breakthrough hepatitis C drug Sovaldi, which costs $1,000 a day for a 12-week treatment. The U.S. Senate recently launched a probe into Sovaldi pricing.

Mehrotra estimates second-quarter Sovaldi sales of $2.98 billion, slightly ahead of the consensus $2.92 billion. He has an Outperform rating on Gilead with a $110 target.

Large cap Celgene Corp. (NASDAQ: CELG) which Mehrotra rates at Outperform $113 target, is slated to post July 24. Its oral cancer drug Revlimid is with a primary focus, with expected news on the patent litigation. Mehrota sees the drug’s second quarter sales in line with the consensus $1.84 billion, representing 15 percent growth from a year ago.

Mehrota doesn’t expect a Celgene earnings surprise and rates the company Outperform with a $113 target.

Amgen Inc.…
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Rumor: ZF Bid For TRW Automotive Sweetened To $13 Billion

Courtesy of Benzinga.

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TRW Automotive (NYSE: TRW) shares jumped Thursday on a report that a suitor may sweeten its bid by around 13 percent.

TRW confirmed a week ago that it received a preliminary bid for an undisclosed amount from a company it didn't name.

The suitor, widely reported as German auto supplier ZF Friedrichshafen AG, has reportedly just obtained financing for a bid of $13 billion, according to Bloomberg news service. Previously the bid was reported at $11 billion to $13 billion.

TRW said last week it was evaluating the bid "as well as other strategic alternatives."

Bloomberg's unnamed sources said a deal could be signed in three to four weeks and ZF will discuss the bid with employees Friday.

ZF is said to be working with Citigroup, Morgan Stanley and several European banks.

TRW traded recently at $103.65, up 2.42 percent.

Posted-In: ZF Friedrichshafen AGNews Rumors M&A

Yahoo Down 5%; Analysts Trim Outlook Following Q2 Miss

Courtesy of Benzinga.

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Yahoo (NASDAQ: YHOO) was trading down over five percent Wednesday after analysts trimmed their outlooks in light of disappointing second-quarter results.

CRT Capital downgraded Yahoo to Fair Value and cut its price target from $41 to $38 per share.

BMO Capital Markets and JP Morgan each reiterated Market Perform ratings.

JP Morgan cut its 2014 earnings estimate from $1.56 to $1.15, while Macquarie maintained an Outperform rating with a $40 target.

Yahoo late Tuesday posted earnings of $0.37 per share, a penny below expectations. Revenue fell about 4.5 percent from a year earlier.

"We are not satisfied with our Q2 results," Yahoo CEO Marissa Mayer said in a statement.

Yahoo said it reduced the number of shares it must sell in Alibaba's initial public offering from 208 million to 140 million shares. Yahoo will retain an 18 percent stake in Alibaba following the offering.

At least half the proceeds from sale of the 140 million shares will be used in a stock repurchase plan, Yahoo said Wednesday.

Shares recently traded at $33.81, down 5.03 percent.

Posted-In: BMO Capital CRT Capital JP MorganEarnings News Guidance Buybacks Analyst Ratings

Polypore Receives Favorable Ruling On Preliminary Injunction Against LG Chem, Ltd.

Courtesy of Benzinga.

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Polypore International, Inc. (NYSE: PPO), announced today that the United States District Court for the Western District of North Carolina has granted a motion by Celgard, LLC (“Celgard”), a subsidiary of Polypore International, Inc., for a preliminary injunction against LG Chem, Ltd. and LG Chem America, Inc. (collectively “LG”). The judge’s order granting the injunction is currently under seal; portions of the order may be released in the future at the court’s discretion.

Celgard had requested a preliminary injunction to prohibit the importation, sale or offer for sale in the United States and inducement of others to use, sell or offer for sale lithium-ion batteries, including batteries used in electric drive vehicles and consumer electronics, which contain LG’s ceramic coated lithium-ion battery separator, until a full trial on the matter is concluded. The lawsuit and motion for injunction are based on Celgard’s assertion that LG infringes Celgard’s patent (United States Patent No. 6,432,586), which claims ceramic composite layer lithium-ion battery separators first developed by Celgard for high-energy rechargeable lithium-ion batteries.

Posted-In: News Legal Press Releases

Netflix Shares Getting A Bump On Q214 Earnings

Courtesy of Benzinga.

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Netflix Shares Rise After Posting Tepid 2Q (Fox Business)

On Monday just after the closing bell, Netflix (NASDAQ: NFLX) released its second quarter 2014 earnings results in a letter to its shareholders.

For the quarter, the company noted that it grew its U.S. member base to more than 36 million citing “ever-improving” content offering. Looking ahead, the company expects to tack on another 1.3 million net additions in the third quarter, which is on par with the same quarter last year when it premiered Orange is the New Black.

Additionally for the U.S., Netflix management made a point to mention a 460 year-over-year bps expansion in the company’s contribution margin.

Turning to the company’s international performance, management noted a 78 percent year-over-year increase in memberships bringing the total to 13.8 million.

Management is expecting a “significant increase” to its European presence as it launches in Germany, France, Austria, Switzerland, Belgium and Luxembourg in September.

Netflix shares saw an initial pop up of about two percent following the release and had slipped back to up around half a percent, at last check.

Q2 Results

  • Total streaming revenue $1.146 billion
  • Net income $71 million
  • EPS $1.15

Q3 Guidance

  • Total Revenue $1.224 billion
  • Net income $55 million
  • EPS $0.89

Posted-In: Earnings News Guidance After-Hours Center

Warren Resources Enters Marcellus with Citrus Asset Buy – Analyst Blog

Courtesy of Benzinga.

Independent energy company, Warren Resources, Inc. (NASDAQ: WRES) announced that it has acquired certain assets in Pennsylvania’s Marcellus Shale from Colorado-based oil and natural gas producer, Citrus Energy Corporation and two other parties that owned working interest in the region. The transaction, which marks Warren Resources’ entry into the prolific natural gas basin, was for a purchase price of $352.5 million.

Following this announcement, shares of Warren Resources gained around 2.6% to close at $6.30. Shares also touched an intraday high of $6.70 that marked a new 52-week high for the stock.

The company mentioned that it will issue $40 million in shares at $6.00 per share as part of the transaction cost. The remaining consideration will be funded through debt financing. In view of this deal, Warren Resources’ senior secured credit facility has been increased to $750 million from $300 million and its borrowing base expanded to $225 million from $175 million. The transaction has an effective date of Jul 1 and is anticipated to close in early August.

The company added that the acquisition adds lucrative assets to its existing portfolio. The sold properties yielded about 82 million net cubic feet of natural gas per day last month. As of Jul 1, the estimated proved reserves totaled about 208.3 billion cubic feet, of which 55% is anticipated to be proved developed reserve.

Warren Resources will be the operator of the assets. The acquired properties are expected to complement the company’s existing California oil and Wyoming natural gas assets. The said properties are expected to be highly accretive and are anticipated to increase the company’s net production by over 200% to 118 million cubic feet equivalent per day (Mmcfe/d) from the existing level of 36 Mmcfe/d. The deal would also increase the company’s proved reserves to around 410.8 billion cubic feet equivalent (Bcfe) from the current level of 202.5 Bcfe.
The company stated that the acquisition has brought to its portfolio some of the top performing wells in the Marcellus region that generate significant cash, which should be enough to finance future drilling prospects in the area.

Warren Resources currently has a Zacks Rank #3 (Hold). Meanwhile, one can consider some…
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Help One Of Our Own PSW Members

"Hello PSW Members –

This is a non-trading topic, but I wanted to post it during trading hours so as many eyes can see it as possible.  Feel free to contact me directly at with any questions.

Last fall there was some discussion on the PSW board regarding setting up a YouCaring donation page for a PSW member, Shadowfax. Since then, we have been looking into ways to help get him additional medical services and to pay down his medical debts.  After following those leads, we are ready to move ahead with the YouCaring site. (Link is posted below.)  Any help you can give will be greatly appreciated; not only to help aid in his medical bill debt, but to also show what a great community this group is."

Thank you for you time!


Insider Scoop

NQ Mobile Shares Plummet After Announcing Dismissal Of PwC

Courtesy of Benzinga.

Related NQ Investors Focus On Earnings Rather Than Geopolitical Tensions NQ Mobile In Possible Short Squeeze; Muddy Waters Sticks To Guns

Shares of NQ Mobile (NYSE: NQ) dropped as much as 24 percent in Friday's pre-market after the company announced that it has dismissed Pricewaterho... more from Insider

Phil's Favorites

Holier than Thou: Why Should Anyone Believe the US, Ukraine, or Russia? What is the US Attempting to Hide?

Courtesy of Mish.

I am quite tired of rhetoric from the Obama administration and Kiev regarding the situation in Ukraine. Hardly any of it is believable.

Indeed, some Ukraine propaganda efforts of Kiev are so amateurish they appear as sloppy acts of desperate coverups.

If so, then it is far more likely Ukraine is the guilty party, not the separatists. If you are innocent, you do not choose such tactics.

What is the US and Kiev Attempting to Hide?

Earlier today, Obama Issued a Stern Warning to Russia coupled with a statement "What exactly are they trying to hide?"

That's a good question. But let me turn the tables by asking: "What exactly is the US and Kiev attempting to hide?"


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Zero Hedge

The Ambitious Plan To Break California Into 6 States - A Model For The Future?

Courtesy of ZeroHedge. View original post here.

Submitted by Tyler Durden.

Submitted by Michael Krieger of Liberty Blitzkrieg blog,

The more I’ve thought about potential solutions to the gigantic mess we have found ourselves in as a species, the more I have come to believe we need to break apart into a vast multitude of city-states. The revolutionary concept of America in the first place was this idea of “self-governance,” something we do not posses an iota of in this day and age. As was noted recently in an ...

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Chart School

Gasoline Price Update: Down Another Four Cents

Courtesy of Doug Short.

It's time again for my weekly gasoline update based on data from the Energy Information Administration (EIA). Rounded to the penny, Regular and Premium both dropped another four cents, matching last week's decline. Regular is up 40 cents and Premium 39 cents from their interim lows during the second week of last November.

According to, three states (Hawaii, Alaska, and California) have Regular above $4.00 per gallon, unchanged from last week, and three states (Oregon, Washington and Connecticut) are averaging above $3.90, unchanged from last week. South Carolina has the cheapest Regular at $3.28.

How far are we from the interim high prices of 2011 and the all-time highs of 2008? Here's a visual answer....

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All About Trends

Mid-Day Update

Reminder: David is available to chat with Members, comments are found below each post.

Click here for the full report.

To learn more, sign up for David's free newsletter and receive the free report from All About Trends - "How To Outperform 90% Of Wall Street With Just $500 A Week." Tell David PSW sent you. - Ilene...

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Sector Detector: Bulls remain unfazed by borderline Black Swans

Courtesy of Sabrient Systems and Gradient Analytics

Despite a highly eventful week in the news, not much has changed from a stock market perspective. No doubt, investors have grown immune to the daily reports of geopolitical turmoil, including Ukraine vs. Russia for control of the eastern regions, Japan’s dispute with China over territorial waters, Sunni vs. Shiite for control of Iraq, Christians being driven out by Islamists, and other religious conflicts in places like Nigeria and Central African Republic. But last Thursday’s news of the Malaysian airliner tragically getting shot down over Ukraine, coupled with Israel’s ground incursion into Gaza, had the makings of a potential Black Swan event, which in my view is the only thing that could derail the relentless bull march higher in stocks.

Nevertheless, when it became clear that the airline...

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Swing trading portfolio - week of July 21st, 2014

Reminder: OpTrader is available to chat with Members, comments are found below each post.


This post is for all our live virtual trade ideas and daily comments. Please click on "comments" below to follow our live discussion. All of our current  trades are listed in the spreadsheet below, with entry price (1/2 in and All in), and exit prices (1/3 out, 2/3 out, and All out).

We also indicate our stop, which is most of the time the "5 day moving average". All trades, unless indicated, are front-month ATM options. 

Please feel free to participate in the discussion and ask any questions you might have about this virtual portfolio, by clicking on the "comments" link right below.

To learn more about the swing trading virtual portfolio (strategy, performance, FAQ, etc.), please click here ...

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Stock World Weekly

Stock World Weekly

Newsletter writers are available to chat with Members regarding topics presented in SWW, comments are found below each post.

Here's the latest Stock World Weekly. Please use your PSW user name and password to log in. (You may take a free trial here.)

#452331232 / ...

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Option Review

Dunkin' Put Options Change Hands Ahead Of Earnings

Dunkin’ Brands Group, Inc. (Ticker: DNKN) put options are active on Friday as shares slip on a downgrade to “Neutral” from “Buy” (with a 12-month target price of $45.00) at Janney Montgomery, and perhaps ahead of the company’s second-quarter earnings report next Thursday. Shares in the name are down 1.2% just before midday to stand at $43.36 and off the lows of the session. The stock has dropped nearly 20% since reaching a 52-week high of $53.05 in March.

The most traded contracts on DNKN today are the Aug 40.0 strike put options, with nearly 5,700 contracts in play against open interest of just 452 contracts. Mos...

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Market Shadows

Danger: Falling Prices

Danger: Falling Prices

By Dr. Paul Price of Market Shadows


We tried holding up stock prices but couldn’t get the job done. Market Shadows’ Virtual Value Portfolio dipped by 2% during the week but still holds on to a market-beating 8.45% gain YTD. There was no escaping the downdraft after a major Portuguese bank failed. Of all the triggers for a large selloff, I’d guess the Portuguese bank failure was pretty far down most people's list of "things to worry about." 

All three major indices gave up some ground with the Nasdaq composite taking the hardest hi...

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Digital Currencies

Bitcoin Vs Gold - The Infographic

Courtesy of ZeroHedge. View original post here.

Submitted by Tyler Durden.

While Marc Faber has said "I will never sell my gold," he also noted "I like the idea of Bitcoin," and the battle between the 'alternative currencies' continues. The following infographic provides a succinct illustration of the similarities and differences between gold and bitcoin.

Please include attribution to with this graphic.


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Biotechs & Bubbles

Reminder: Pharmboy is available to chat with Members, comments are found below each post.

Well PSW Subscribers....I am still here, barely.  From my last post a few months ago to now, nothing has changed much, but there are a few bargins out there that as investors, should be put on the watch list (again) and if so a small amount.

First, the media is on a tear against biotechs/pharma, ripping companies for their drug prices.  Gilead's HepC drug, Sovaldi, is priced at $84K for the 12-week treatment.  Pundits were screaming bloody murder that it was a total rip off, but when one investigates the other drugs out there, and the consequences of not taking Sovaldi vs. another drug combinations, then things become clearer.  For instance, Olysio (JNJ) is about $66,000 for a 12-week treatment, but is approved for fewer types of patients AND...

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See Live Demo Of This Google-Like Trade Algorithm

I just wanted to be sure you saw this.  There’s a ‘live’ training webinar this Thursday, March 27th at Noon or 9:00 pm ET.

If GOOGLE, the NSA, and Steve Jobs all got together in a room with the task of building a tremendously accurate trading algorithm… it wouldn’t just be any ordinary system… it’d be the greatest trading algorithm in the world.

Well, I hate to break it to you though… they never got around to building it, but my friends at Market Tamer did.

Follow this link to register for their training webinar where they’ll demonstrate the tested and proven Algorithm powered by the same technological principles that have made GOOGLE the #1 search engine on the planet!

And get this…had you done nothing b...

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FeedTheBull - Top Stock market and Finance Sites

About Phil:

Philip R. Davis is a founder Phil's Stock World, a stock and options trading site that teaches the art of options trading to newcomers and devises advanced strategies for expert traders...

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About Ilene:

Ilene is editor and affiliate program coordinator for PSW. She manages the site market shadows, archives, more. Contact Ilene to learn about our affiliate and content sharing programs.

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