Greenshift Corporation (GERS)

[nobody12378]

Since KK and C&C could not wait to get into the Federal Circuit appellate court based on that Court's technical reliance on the USPTO and the justices' knowledge of patent law, I am assuming the Rule 59 motion has become necessary because of the new Federal Circuit directive that seems to be directly pertinent to this case. Thus we have a procedural detour that could delay the appeal by many months (up to six or more). My guess is that this wasn't their first choice since it delays getting to where they wanted to be.

IF the Rule 59 motion is granted and a new trial is ordered at the lower court level, I have no idea how far out we are. You can be sure that dilution will continue unabated throughout this time period, whatever it is.

https://www.law.cornell.edu/rules/frcp/rule_59

http://www.courts.wa.gov/court_rules/?fa=court_rules.rulesPDF&ruleId=superiorsupcll359e&pdf=1