PepsicCo (PEP) is in the red at the time of this writing. Investors weren't dazzled by the beverage entity's latest earnings report, I guess. I see a quote of $63.16 on my screen; this means that the shares are off by about 2%. Volume is heavy.

According to the Associated Press, fourth-quarter profit on a reported basis went down five pennies to 85 cents per share. Not good to hear, but here's something that will put shareholders in a happier mood: on an adjusted basis, profit calculated out to $1.05 per share, a figure that was one penny ahead of the overall projection.

Stories are starting to appear that "my pal Warren" is gearing up for a major foreign acquisition. One of my dear friends Randy S. is taking a post graduate business class at UCLA where this issue is a part of the course. He is supposed to figure out what non US companies Berkshire Hathaway (BRK.A/BRK.B), led by Warren Buffett, might be considering for investment.

Ahh yes, the prediction business, quite tricky indeed. Starting with some basics, in most cases I would stick to the time tested philosophy that past performance is not an indicator of future success. That said, I think in the case of Buffett, it does. There are many clues along the trail based on his past performance.

Here are some basic consistencies from the existing portfolio that I would expect to hold true going forward.

One of the more bizarre cases of corporate espionage and theft of intellectual property has come to an end, with trading card manufacturer Upper Deck settling a lawsuit filed against it by Konami, admitting to counterfeiting Yu-Gi-Oh! cards.

Konami, which owns the rights to the Yu-Gi-Oh! brand, sued Upper Deck last year, accusing the company of illicitly manufacturing and distributing over 600,000 trading cards. Upper Deck executives, including the company's CEO, invoked their 5th Amendment right against self-incrimination in court, and Konami was seeking damages of between $50 million and $150 million.

Well, another month's gone by, and I see that the Nintendo (OTC: NTDOY) Wii system is still the number-one selling console in the United States. Guess I shouldn't be surprised. According to Bloomberg, the Wii moved over 666,000 units in June. Yeah, that may be an evil number, but it's a righteous one to Nintendo, since Sony (NYSE: SNE) sold a little over 400,000 PlayStation 3 consoles last month while Microsoft (NASDAQ: MSFT) convinced just under 220,000 users to adopt the Xbox 360. So if you add the performance of the PlayStation 3 and the Xbox 360 together, it's still less than Nintendo's.

Bloomberg reported that the Wii has been purchased by (or for) 10.9 million gamers, making it the number-one installed platform out there. Driving the results in June was the Wii Fit, which continues to be popular and difficult to get. However, the top-selling game software was not Wii-related, it was PlayStation 3-related, believe it or not. Metal Gear Solid: Guns of the Patriots, distributed by Konami (NYSE: KNM), sold over 770,000 discs. One big opportunity Nintendo needs to work on is third-party attachment rates. As several readers have mentioned to me, the attachment rates for the Wii isn't as good as it probably should be. Most Wii owners are in love with Nintendo-published games, but sometimes don't see the value of software made by other publishers. An increased focus on this would be helpful to the platform and its continued success.

Nintendo is setting itself up very nicely for the holiday season. Sure, it's the height of summer, but it's never too early to be thinking about the holidays, is it? I would love to get into Nintendo's stock, but I am still stubbornly holding out for a better pullback on the ADR's. I'd love to see the price close below $60 at some point.

Disclosure: I don't own any company mentioned; positions can change at any time.