That will never happen. This is about KK protecting his father's dream; always has been (note reference to "opponents" in PR -- says everything about KK's mind-set). If the appeal was about application of the law there might be a chance. This is not the case. This appeal is about the judgement of a district court judge that there was a premature offer to sell the technology. The higher courts allow lower court judges great latitude in such judgements reasoning that they have a more complete sense of the minutia of the case. In other words -- little chance of reversal.
But that won't stop KK from spending millions, accepting more toxic financing, R/S and dilution for the shareholders. However, I do not think that will happen. We are now past the point where such band-aids will allow the company to survive. Who would buy more stock now? If the stock can't sell the holder of the toxic financing cannot get its blood money, so a R/S would be useless. The collateral, the patents at this juncture are worthless, so what white knight will provide toxic financing? The obvious conclusion is bankruptcy, and if I were KK I would do it today. Get out of the toxic financing, eliminate $125,000,000 of stock holder paid in lost equity and start over. BK, frankly a no-brainer. If anyone is paying attention the PPS should be 0.0001 in a heart beat; I am not sure that anyone is.
Then there is the old saying that "it is always darkest before the dawn". Who the heck knows what is going to happen! The DC emails were clearly not an invitation to purchase, and the defendants really did not think so either as they have moved forward with the "un-clean hands" motion. This outcome was the least of GERS' worries and yet it became the block upon which the company was executed.
