Beyond the mountains, more BS

One enterprising reader with more tolerance for empty rhetoric than this blogger recently pointed out a particularly strained analogy in the latest REFR annual report. Quoting the correspondent's account of the report (the actual report is, almost predictably, not yet available on the REFR website):

"There is a Hatian(sic) proverb: "Beyound the mountains are more mountains." This proverb applies to most companies involved in bringing a new technology to market. In R&D, after one issue is resolved, others sometimes arise. It is appropriate to note that Haiti is an island nation, so that eventually, with perseverance and hard work, the mountains will end, the goal is reached, and smooth sailing across the ocean of opportunity can begin."

Notice how Harary actually turns the proverb completely on its head. The proverb speaks to how life always has another challenge to throw at you. Harary's vision is one of a switch flipping someday (soooooon!!) and all of REFR's challenges suddenly coming to an end, replaced by effortless perpetual cash flow.

Sorry, but that's the talk of a shyster.

Theoretical down-the-road challenges for REFR are legion. Conventional electrochromics by such companies as Gentex have already beaten SPD heads-up in the automotive and aeronautical market. Liquid crystal-based technology is always lurking. And there are plenty of wildcards out there like the material the Huskies are developing.

Then there's REFR's patent protection, which grows more questionable by the day. Shareholders have often been heard gloating at other companies receiving patents based on Harary's old patents (or in some cases, merely mentioning SPD in passing as a theoretically possible component of their invention), calling it proof of how interested in SPD companies are. Not occurring to them, apparently, is how those patents give the companies receiving them a nominal claim on the technology itself. And then there's the matter of whether REFR can even afford to fight a patent dispute. The upshot of all of this being that REFR may in fact have lost control of its own technology.

Of course, all that would remain to be seen in a patent court, and that won't happen until there's actually something to fight over.

As an amusing footnote, another correspondent produced a quote from Robert Saxe, citing the exact same Haitian proverb with the exact same twisting into the opposite meaning, dated 1993. Thirteen years later, and REFR's still sitting on the same mountain.

Give a hoot, don't dilute!

REFR bowed to the inevitable Friday, filing an S-3 with the SEC to register another two million shares of common stock for sale. In combination with the one million shares unsold from the previous filing, that represents more than 20% potential dilution to its investors, should REFR successfully recapitalize themselves in the next eight months. Of course, if they don't, that will be even worse for its investors.

Of course, whether there will be any takers this time around is another issue. In REFR's favor, there's a better economy about and investment dollars are flowing a bit more freely. Against them, their track record of failure is a little bit longer and a little bit more public. Fortunately for them, the recent high volumes suggest that they have successfully moved Stark Investments out of the picture and thus set up a clean slate for the next suc... er, institutional investor.

As P. T. Barnum would put it, an institutional investor is born every minute, so hope remains that Bob and Joe will find someone out in the big, wide world sufficiently naive to the REFR story that they will be reeled in. (Even though Stark seems to have made out all right in the end, it's unlikely we will see them coming back for seconds, especially after the 50% haircut they were staring down at one point.)

Time will tell.