Professional Documents
Culture Documents
An analysis of GoPro
January 2015
Disclaimer
Full Legal Disclaimer
As of the publication date of this report, Devonshire Capital LLC ("Devonshire") has a short position in the stock of the company covered herein (GoPro, Inc.) and
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any investment decision.
Description
Exemplary claims
(1) A digital camera system, comprising:
An image capture module including:
A first image capture system including:
A first image sensor for capturing a digital image; and
A first optical system for forming an image of a first
portion of a scene onto the first image sensor; and
A first wireless communication system; and
a remote control module including:
A remote control status display including one or more remote
control status display elements for displaying status information
pertaining to the image capture module;
A battery-operated power supply;
One or more remote control user controls;
A second wireless communication system for communicating
with the first wireless communication system using a wireless
interface; and
A power management system providing a normal-power state
where the remote control status display and the second wireless
Patent application that resulted in this patent was re-assigned from Eastman Kodak to Apple on February 11, 2013
Cites over 56 patents, including previous work by Ricoh, Canon, Kodak, Minolta and other leading electronics and camera companies on camera remote
controls, image sensors, low-power capture modes, etc.; out of the 56 foundational camera and electronics patents that Apple cites, only one
is also cited by GoPros portfolio of 50 granted patents
$48.00
20150113T153001
20150113T153431
20150113T153843
20150113T154358
20150113T155335
20150113T155955
20150113T160429
20150113T161017
20150113T161735
20150113T162319
20150113T162628
20150113T163424
20150113T163851
20150113T164431
20150113T164843
20150113T165404
20150113T170015
20150113T170736
20150113T171652
20150113T172135
20150113T172817
20150113T174151
20150113T174535
20150113T175016
20150113T175417
20150113T175808
20150113T180321
20150113T180730
20150113T181041
20150113T181403
20150113T182001
20150113T182343
20150113T182701
20150113T183031
20150113T183209
20150113T183330
20150113T183435
20150113T183553
20150113T183742
20150113T184031
20150113T184330
20150113T184647
20150113T185038
20150113T185704
20150113T190318
20150113T191242
20150113T192006
20150113T192844
20150113T193640
20150113T194218
20150113T194749
20150113T195312
20150113T195617
20150113T200122
20150113T200607
20150113T201114
20150113T201332
20150113T201541
20150113T201726
20150113T201946
20150113T202247
20150113T202500
20150113T202735
20150113T203037
20150113T203458
20150113T203924
20150113T204357
20150113T204708
20150113T205157
20150113T205631
20150113T210152
20150113T210958
20150113T211819
20150113T212632
20150113T213304
20150113T213950
20150113T214539
20150113T214950
20150113T215227
20150113T215621
20150113T215909
One patent erased $880 million dollars from GoPros market cap
in six-and-a-half hours
GoPro Share Price (01/13/2015, by tick)
$58.00
$57.00
$56.00
$55.00
$54.00
$53.00
15.47%
$52.00
$51.00
$50.00
$49.00
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO,
propelled by impressive revenue growth and a wave of investor enthusiasm
Forecast
Estimated
$1600
Units
sold
5000
4500
1400
4000
1200
3500
1000
3000
800
2500
2000
600
1500
400
1000
200
500
0
2002
Nick Woodman
founds GoPro as
Woodman Labs after
he is unable to find
suitable camera gear
for a surf trip
2003
2004
R&D stage
2005
2006
2007
2008
2009
Digital HERO 5 is
released, the first
with a 170-degree
view angle, ultra-wide
lens (December 2008)
2010
2011
2012
2013
2014
Media co.?
Dec-31-2010
Dec-31-2011
Dec-31-2013
Dec-31-2013
LTM Restated
Sep-30-2014
Revenue
$64.5
$234.2
$526.0
$985.7
$1,121.7
Total Revenue
64.5
234.2
526.0
985.7
1,121.7
31.7
111.7
298.5
624.0
646.8
32.7
122.6
227.5
361.8
474.9
19.5
74.8
137.8
189.0
259.5
13.2
64.4
116.9
157.8
not available
6.3
10.8
20.9
31.6
not available
1.4
8.6
36.1
73.7
131.2
20.9
83.5
173.9
262.8
390.7
Operating Income
11.9
39.1
53.6
99.0
84.2
$11.6
$24.6
$32.3
$60.6
$49.6
Net Income
Balance Sheet;
As of
Cash And Equivalents
Dec-31-2010
Dec-31-2011
Dec-31-2013
Dec-31-2013
Sep-30-2014
$-
$29.1
$36.5
$101.4
$237.7
1.2
2.0
1.6
29.1
37.3
103.5
239.3
Total Assets
104.4
246.7
439.7
589.1
$-
$37.4
$249.3
$367.8
$238.4
Net Debt
not available
$(28.7)
$91.7
$10.2
$(239.3)
Quick Ratio
not available
1.5x
0.9x
0.8x
1.5x
Inventory Turnover
not available
not available
7.6x
7.2x
5.8x
Total Liabilities
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO, propelled by
impressive revenue growth and a wave of investor enthusiasm
GoPros publicity engine has hyped the stock ever since its IPO, but some
investors and activists remain concerned
Revenue
1-Yr Rev.
Growth
Net
Income
1-Yr Rev.
Growth
Net
Income
$6,500
11.3%
($43)
$8,155
8.7%
($169)
87.4%
$60.6
$985.7
$17,857
6.9%
$162
Revenue
1-Yr Rev.
Growth
Net
Income
P/BV: 80x
$14,474
45.8%
($964)
$3,022
24.2%
$90
$2,300
27.1%
$162
Revenue
1-Yr Rev.
Growth
Net
Income
$2,972
8.8%
$804
$5,591
(0.5%)
$558
$6,170
5%
$913
Revenue ($M)
$7,500
$449
$10.14B
Description
18.8%
Leading technology
innovator
5.48%
0.09%
$9.87B
$9.18B
$55,070
$9.55B
$167
($1,790)
$449
(3.57%)
$74,488
($3,100)
(2.45%)
$23,100
$620
(5.19%)
$8,500
$10.34B
$9.2B
10
Analysts have hyped GoPros stock since its IPO, but skeptics
have raised doubts
What GoPros media hype engine says
11
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO, propelled by
impressive revenue growth and a wave of investor enthusiasm
The crest of this wave of Wall Street hype is evident in frothy media coverage of GoPro and
surprising, if not outright worrying, valuations metrics
But as the valuations have grown, so have questions about GoPros future success
12
Accounting
issues
Copperfield Research
Wall Street
market-making
Weak
fundamentals
Citron Research
Kerrisdale Capital
GoPro is a tech hardware company. Yet it has spun a story, which is a very convenient
fiction, for Wall Street to parrot: that it can become a media company. Why? Because
users are uploading some of their videos to YouTube?
The clearest comparison to GoPro is Beats HeadphonesApple bought Beats for 2x revenueAt
the time of the acquisition, much of the media opined that 2x sales was high for a product
in a commoditized industry.
We have never seen analysts on consumer electronics gear company resort to social media
eyeballs metrics to justify valuationsIn Wall Streets compulsion to fabricate a story where
a story does not exist, you see its fingerprints on GoPro media.
Media strategy is unlikely to bear fruit; although GoPro has millions of YouTube subscribers
and hundreds of millions of views of its videos, the idea of the company obtaining significant
amounts of revenue from YouTube or a cable TV station is ludicrous
Some investors have compared GoPros camera to Apples iPod, but unlike the iPod it does not
have an ecosystem and is not materially superior to its competition
13
History
Engadget
400
400
2009
2010
Nieman Reports
340
150
1
21
2002
2003
2004
2005
2006
50
2007
2008
2011
14
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO, propelled by
impressive revenue growth and a wave of investor enthusiasm
The crest of this wave of Wall Street hype is evident in frothy media coverage of GoPro and
surprising, if not outright worrying, valuations metrics
But as the valuations have grown, so have questions about GoPros future success
While many of the previous points are concerning, we are asking a more
fundamental question: how much technology does GoPro actually own?
15
Panasonic
4.6
4.4
4.2
4.0
3.8
3.6
3.4
3.2
3.0
2.8
Canon
2.6
2.4
2.2
2.0
1.8
1.6
1.4
FUJIFILM
Toshiba
1.2
1.0
Garmin
0.8 Polaroid
Nikon
HTC
0.6
0.4
Olympus
0.2
JVC
0.0
0
5,000
10,000
GoPro
Sony
15,000
20,000
25,000
30,000
35,000
40,000
45,000
50,000
55,000
60,000
65,000
70,000
75,000
80,000
Revenue, FY2013, $M
Among leading camera makers, GoPro has the lowest R&D spend and the
2nd smallest patent portfolio
16
Risk factors
Many of our existing and potential competitors enjoy substantial competitive advantages, such
as
larger intellectual property portfolios
Our intellectual property rights and proprietary rights may not adequately protect our
products.
Our business may suffer if it is alleged or determined that our technology or another
aspect of our business infringes the intellectual property rights of others.
17
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO, propelled by
impressive revenue growth and a wave of investor enthusiasm
The crest of this wave of Wall Street hype is evident in frothy media coverage of GoPro and
surprising, if not outright worrying, valuations metrics
But as the valuations have grown, so have questions about GoPros future success
While many of these attacks are concerning, none of them are the attack we are presenting
today; GoPros core problem is far more significantit hardly owns any technology
GoPro appears to have gone to market with a technology product before it owned
any technology
18
In January 2014, GoPro was granted its 5th patent family, but
had already sold over 8.1 million cameras this matters
If you infringe and sell products in the past, you can be
held liable in the future:
35 U.S. Code 281
A patentee shall have remedy by civil action for infringement of his patent.
The several courts having jurisdiction of cases under this title may grant injunctions in
accordance with the principles of equity to prevent the violation of any right secured by patent, on
such terms as the court deems reasonable.
Upon finding for the claimant the court shall award the claimant damages adequate to
compensate for the infringement, but in no event less than a reasonable royalty for the use
made of the invention by the infringer, together with interest and costs as fixed by the court.
When the damages are not found by a jury, the court shall assess them. In either event the
court may increase the damages up to three times the amount found or assessed.
Except as otherwise provided by law, no recovery shall be had for any infringement committed
more than six years prior to the filing of the complaint or counterclaim for infringement in
the action.
19
35
30
Units Sold
25
Design Patents
20
15
Utility Patents
10
5
5
3
0
2004
2005
2006
2007
2008
2009
2010
Revenue
25
Design Patents
20
Utility Patents
10
2
2012
1
0
2014
1.2
24
1.0
0.8
15
10
3
2005
2013
15
2004
10
1.4
2011
35
14
2006
2007
2008
2009
2010
6
2
2011
14
0.4
10
2
2012
5
2013
0.6
10
Revenue ($M)
Granted Patents
40
30
Granted Patents
40
0.2
0.0
2014
250
200
Revenue / Utility Patent
150
197
132
100
134
78
50
0
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
US/Europe/JP grants
Units sold est. 2004-2010, proj. 2014
Revenue est. 2007-2008, proj. 2014
2014
20
Each successive iteration of GoPro has introduced new features reliant on new
technology but does GoPro own the technology its cameras utilize?
Digital HERO
Digital HERO 3
Digital
Digital HERO 5
Internal flash
memory
HD HERO
HD HERO 960
170 lens
HD HERO2
HD
120 fps
HERO3+
Wi-Fi
HERO4
4K
AAA batteries
512x384
1080p
30fps
30
HERO3
960p
60fps
100
197
1080p
4k
120fps
240fps
131
21
Camera
Housings
Expansion
Modules
Lens Covers /
Windows /
Adapters
Mounts
USD682778S1
USD646313S1
USD657808S1
USD674429S1
USD702276S1
USD702747S1
USD699277S1
USD674428S1
USD699276S1
USD702277S1
USD710922S1
USD710921S1
USD698791S1
USD691608S1
USD698790S1
USD691609S1
USD692472S1
USD699275S1
USD702755S1
USD702754S1
USD657811S1
USD644679S1
USD689537S1
USD688726S1
USD698851S1
USD677748S1
USD687112S1
USD697570S1
22
Compression /
Image
Manipulation
Post-Alice decision,
these patents
deserve further
examination
Mounts /
Harnesses
Given prior
patenting and
potential prior art,
these may not
survive IPR
US8606073B2
US8837928B1
US8325270B2
Camera housing with integrated expansion module and cable from module to camera
US8638392B2
Camera housing with integrated expansion module and cable from module to camera
US8199251B2
Camera housing with integrated expansion module and cable from module to camera
US8644629B2
US8718390B1
US8538143B2
US8345969B2
US8879861B2
US8014597B1
US8830367B1
US8879858B1
US8687086B1
US8014656B2
US8870475B1
US8857775B1
US8150248B1
EP2341389B1
US8079501B2
EP2357525B1
EP1611480B1
Some of these patents refer to technology for which prior patenting and
prior art records are extensive
23
Over the years, [Preston Pete Peterson] got interested in photography. In a direct line from Tom Blake
to Doc Ball, Pete produced several prototype camera housings for his own use and experimentation.
His most notable experiment was an underwater housing that George Downing mounted
on his board and on his back like a butt pack, wrote Craig Lockwood, based on what Petes son
John told him. Shot at Makaha in the mid-1950s, these may be the first-ever shots of a
board taking off underwater.
24
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO, propelled by
impressive revenue growth and a wave of investor enthusiasm
The crest of this wave of Wall Street hype is evident in frothy media coverage of GoPro and
surprising, if not outright worrying, valuations metrics
But as the valuations have grown, so have questions about GoPros future success
While many of these attacks are concerning, none of them are the attack we are presenting
today; GoPros core problem is far more significantit hardly owns any technology
In fact, GoPro made a name for itself as a tech company well before it had one, single
granted patent
Does GoPro have necessary technology it needs to drive its ambitious future
growth strategies?
25
GoPro patenting
Industry patenting
~1,400
~15,900
~2,600
~860
~300
26
Honeywell has a
particularly strong
portfolio around the
use of cameras with
drones
Small clusters of
inventorship have started to
appear, although citation
network is still fledgling
Granted Patents
250
200
Patenting on UAVs
150
100
50
0
11
14
13
21
13
1994
1995
1996
1997
1998
1999
207
207
2013
2014
173
115
24
29
2000
2001
48
49
42
51
62
57
65
2002
2003
2004
2005
2006
2007
2008
81
86
2009
2010
2011
2012
US/JP/EP grants, 94 to 14
27
1,346
Granted Patents
1,400
1,200
Patenting on broadcast communications
1,000
800
600
400
200
0
346
356
397
1995
1996
1997
563
603
566
532
548
1998
1999
2000
2001
2002
628
684
2003
2004
755
1,148
897
919
942
2006
2007
2008
1,220
1,097
1,119
2012
2013
1,186
21
1994
2005
2009
2010
2011
2014
US/JP/EP grants, 94 to 14
28
Granted Patents
300
250
200
150
82
100
50
0
17
1994
1995
33
1996
48
1997
1998
36
45
44
1999
2000
2001
101
103
2002
2003
121
2004
214
151
153
168
2006
2007
2008
255
235
223
2010
2011
272
252
88
2005
2009
2012
2013
2014
US/JP/EP grants, 94 to 14
29
100
Granted Patents
80
60
40
40
22
20
0
15
21
24
1997
1998
41
32
29
2000
2001
40
33
39
39
2006
2007
47
53
61
61
2010
2011
72
79
86
25
1
1994
1995
1996
1999
2002
2003
2004
2005
2008
2009
2012
2013
2014
US/JP/EP grants, 94 to 14
30
Granted Patents
50
40
47
2013
2014
36
32
30
49
26
20
20
10
0
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
10
2004
14
7
2005
2006
17
2007
2008
2009
2010
2011
2012
US/JP/EP grants, 94 to 14
31
Executive Summary
1
GoPro has soared upwards from an initial share price of $24 during its June IPO, propelled by
impressive revenue growth and a wave of investor enthusiasm
The crest of this wave of Wall Street hype is evident in frothy media coverage of GoPro and
surprising, if not outright worrying, valuations metrics
But as the valuations have grown, so have questions about GoPros future success
While many of these attacks are concerning, none of them are the attack we are presenting
today; GoPros core problem is far more significantit hardly owns any technology
In fact, GoPro made a name for itself as a tech company well before it had one, single
granted patent
Despite its recent attempts to improve its IP, GoPro still does not have the intellectual property
it needs to control its future
If GoPro has infringed others technology, it may be liable for hundreds of millions
of dollars in damages looking backward and hundreds of millions of dollars in
royalties looking forward
32
($1,750M)
Marvell Technology was found in December 2012 to have intentionally infringed two Carnegie Mellon
University patents and was ordered to pay $1.17 billion dollars in damages
Marvell has chosen instead to continue to appeal; in the meantime, as of April 2014, the verdict has
reached $1.54 billion dollars
($1,540M)
W.L. Gore & Associates was ordered by the Federal Circuit in January 2015 to pay C.R. Bard Inc.
$1.06 billion dollars after it willfully infringed Bards blood vessel graft patent
($1,059M)
Intel faced the music several times in the early 2000s, paying Intergraph Corp $300 million dollars
in April 2002 for infringing Intergraphs patents with its Pentium chips, an additional $150 million
dollars for infringing with its Itanium chips, and following those up with a March 2004 settlement of
$225 million dollars to close all outstanding patent litigation between the two companies
($675M)
In late 2002, RIM was found guilty of infringing NTPs patents on wireless email and ordered to pay
$53 million dollars
Instead, RIM continued to appeal until March 2006 when, hit with a stern warning from the presiding
judge, it agreed to pay NTP $612.5 million dollars
($612M)
EchoStar Corporation settled its patent litigation with TiVo in May 2011, signing a license deal and
agreeing to pay TiVo $500 million dollars
($500M)
SAP was found in 2009 to infringe a business method patent held by Versata Software and was
ordered to pay $139 million dollars; after a new trial, this amount grew to $391 million dollars
($391M)
After a 2010 verdict, Microsoft agreed to pay VirnetX Holding Corp $200 million dollars to license
its patents on secure network communications
($200M)
33
Case information
Accused products
Patents in suit
Hero
Hero2
Hero 3
Z-Dimensional, LLC
VStream Technologies,
LLC
US6,690,731; US8,179,971;
US6,850,647; US7,627,183;
US7,489,824 Five patents
relating to compression /
decompression of video data
As a direct result of its relationship with Dinkum, GoPro became intimately aware of the ActionPod Products, including
product components and the manufacturing process, and Dinkums desire to grow its business through sales of these products
In October 2013, GoPro release the Jaws Flex Clamp, a clamping monopod mount as an accessory to its camera line that is
substantially similar to the ActionPod Products
Upon information and belief, GoPro developed the Jaws Flex Clamp at the same time it was promoting the ActionPod Products
Upon information and belief, GoPro intentionally kept secret from Dinkum its development of the Jaws Flex Clamp
By copying the ActionPod Products to create the Jaws Flex Clamp, GoPro misappropriated the skill and labor of
Dinkum
34
US5438363A Nikon
US7123935B2 Canon
US6574433B1
Frank Stuempfl
US7714925B2 Samsung
US6285471B1 Siemens
US7924323B2 Walker Digital
US6864911B1 HP
US6624842B2 Diversified Patent
35
36
Thank you
37
38