On Wednesday, FlexShopper, Inc. (NASDAQ:FPAY) maintained its Buy rating and $2.50 price target from H.C. Wainwright. The company's shares saw a significant 8.7% increase on Tuesday, outperforming the Russell 2000 Index, which fell by 1.5%. This surge followed FlexShopper's announcement that it has begun legal proceedings against Upbound Group, Inc. and Katapult Holdings, Inc. for allegedly using its patented lease-to-own technology without authorization.
The legal complaint, filed by FlexShopper, asserts that five of its patents related to its computer-implemented lease-to-own technology have been infringed upon. The company is seeking both injunctive relief and monetary damages, with the aim of recovering lost profits and potentially securing ongoing royalty or licensing fees. While the outcome of patent litigation is uncertain, the potential financial awards could be substantial.
FlexShopper's choice of legal representation, Quinn Emanual Urquhart & Sullivan LLP, is notable for its high success rate in trials and arbitration. The firm's extensive network and strong reputation may lend additional weight to the company's legal action. Furthermore, the venue for the case, the United States District Court for the Eastern District of Texas, is known for its plaintiff-friendly stance in patent infringement cases.
Although the litigation is not central to H.C. Wainwright's investment thesis for FlexShopper, the firm acknowledges that a positive result could act as a significant catalyst for the company's stock. A favorable legal outcome could result in a financial windfall that may surpass FlexShopper's current market value. The continued endorsement of the stock with a $2.50 price target reflects confidence in the company's prospects.
In other recent news, FlexShopper, Inc., a leading online lease-to-own retailer, has commenced patent infringement lawsuits against competitors Upbound Group, Inc. and Katapult Holdings, Inc. Represented by Quinn Emanuel Urquhart & Sullivan, LLP, the lawsuits were filed in the U.S. District Court for the Eastern District of Texas.
The suits claim that both Upbound Group, including its Acima subsidiaries, and Katapult Holdings have been unlawfully using FlexShopper's patented lease-to-own technologies. These patents, issued from 2018 onwards, are integral to FlexShopper's innovative lease-to-own platform that enables smooth transactions for consumers by partnering with third-party lease-to-own providers.
FlexShopper seeks both injunctive relief to stop further infringement and monetary damages for the unauthorized use of their technology. The outcome of these lawsuits could potentially affect the operations of companies within the lease-to-own market. These developments are part of recent events surrounding FlexShopper, Inc.
InvestingPro Insights
FlexShopper's recent legal action and stock performance are complemented by some intriguing financial metrics from InvestingPro. The company's revenue growth is noteworthy, with a 23.81% increase over the last twelve months as of Q2 2023, and an even more impressive 29.46% growth in the most recent quarter. This robust top-line expansion aligns with the company's aggressive stance in protecting its intellectual property.
Despite the revenue growth, InvestingPro Tips highlight that FlexShopper is "not profitable over the last twelve months" and "analysts do not anticipate the company will be profitable this year." This context adds depth to the importance of the ongoing litigation, as a favorable outcome could potentially provide a much-needed financial boost.
Another relevant InvestingPro Tip notes that FlexShopper has seen a "significant return over the last week," which corroborates the 8.7% increase mentioned in the article. This recent price movement has brought the stock to 57.44% of its 52-week high, suggesting there may be room for further appreciation if the legal proceedings yield positive results.
For investors seeking a more comprehensive analysis, InvestingPro offers 5 additional tips that could provide valuable insights into FlexShopper's financial health and market position.
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