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Saturday, December 3, 2022

Back to Black on Blue Calypso Inc (OTCBB:BCYP)

Blue Calypso Inc (OTCBB:BCYP) has continued to move lower in recent months since the stock was trading near $1 a share in July of last year and over $3 at the beginning of last year.

The last time BCYP popped came after the Company announced the US Court of Appeals for the Federal Circuit has issued their ruling in favor of the Company on two of the four substantive issues heard by the honorable circuit Judges Renya, Schall, and Chen on December 7, 2015.

Blue Calypso Inc (OTCBB:BCYP) develops and delivers mobile engagement and social advocacy solutions for retailers and product manufacturers using its patented portfolio of products including Mobile ADvantage™, DashTAGG® and SocialECHO™

The Company recently transitioned from a development stage enterprise to an operating Company focused on leveraging its powerful patent position. While still relatively unknown, BCYP has very strong patent claims against some heavy hitters including Groupon, Foursquare, Yelp, IZEA and MyLikes.

BCYP intellectual property portfolio consists of five issued patents and eight pending patent applications that cover methods and systems for communicating advertisements and electronic offers between mobile and desktop communication devices.

BCYP saw a jump last year after the Patent Trial and Appeals Board (PTAB) upheld 4 of the Company’s Significant Patents. This was huge news for Blue Calypso who was the first patent owner to make it through the CBM review process and have claims in multiple patents pass. This means that all of BCYP’s patentable claims have been vigorously tested and are considered “battle tested”. This greatly improves the chances of a a settlement with the big boys.

The Patents were developed internally by Blue Calypso Founder Co-CEO and CTO, Andrew Levi, and Director of Innovation, Bradley Bauer, and assigned to the Company’s wholly owned subsidiary, Blue Calypso, LLC.

In September 2013, BCYP acquired proprietary mobile gamification technology and subsequently applied for two additional patents based upon the enhancement and integration of this technology into our platform.

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BCYP has a good management team; CEO Bill Ogle was the CMO of Motorola as well as the CMO of Samsung. Co-founder Andrew Levi is an inventor who has worked at the Federal Reserve and owned a restaurant at aged 19 while attending Florida State University.

On December 19 BCYP announced that the Patent Trial and Appeals Board (PTAB) issued its rulings on the Covered Business Method Review (CBMR) proceedings petitioned by Groupon over one year ago on all five of Blue Calypso’s issued US Patents. The decision of the PTAB judges resulted in a total of 28 significant claims relating to four of the Company’s patents being upheld. Multiple of these surviving claims have been asserted against the current defendants in the litigation in the Eastern District of Texas.

The four surviving patents cover different aspects of, and improvements to one of the Company’s key inventions. This invention has now been determined to be patentable in each of the four patents at least twice by the United States Patent Office, which strengthens the patents standing for litigation.

On December 20 BCYP has commenced a strategic and financial review with the objective to increase shareholder value. This review may result in the Company continuing to pursue value-enhancing initiatives as a standalone company, capital structure optimization, equity financing, secured or unsecured debt financing, a sale of the Company, a sale of certain assets of the Company or other business combination transaction. The Company’s board of directors will be active in this process as will their legal counsel and other outside experts and advisors.

Blue Calypso has not set a timetable for completion of its strategic review process but intends to update its shareholders as it deems necessary if any material developments occur. Blue Calypso provides no assurance, however, that the strategic review process will result in any transaction.

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Currently trading at a $2.36 million market valuation BCYP does have $1.6mm in the treasury and minimal debt with small but fast growing revenues. BCYP is an exciting story in small caps; the Company is a developer of mobile shopper engagement and social advocacy solutions and has very strong patent claims against some heavy hitters including Groupon, Foursquare, Yelp, IZEA and MyLikes. On March 3 the US Court of Appeals issued their ruling in favor of the Company, re-establishing the earliest possible priority date for the other patents in Blue Calypso’s family that claim priority to the ‘516 patent. The early priority date also potentially pushes back the earliest date for infringement and damages to February 6, 2010, the issue date of the ‘516 patent. Now that the ‘516 patent has survived, the parties are required to submit a joint schedule for resuming litigation within ten days. We will be updating on BCYP when more details emerge so make sure you are subscribed to Microcapdaily so you know what’s going on with BCYP.

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Disclosure: we hold no position in BCYP either long or short and we have not been compensated for this article.

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