As you know I have no faith in KK either. I have also stated that the play is not GERS per se BUT the reversal/appeal of the district court's findings. There is simply too much money at stake here (damages awarded, probably treble damages since this was clearly a willful violation of patent rights) for there not to be a (temporary) major market response to GERS coming into that future fortune. We both know that KK would have no idea how to use that to move the company forward and to reward the shareholders. But a sub penny stock coming into (possibly) high nine figure short-term revenue; Kramer might even say a word or two about this -- you know KK will. And even KK will not be able to screw up that notoriety, at least for a while.
Last night I had a patent attorney read the motion. He said that about the only thing that district courts care about is being overruled on appeal. Fed. R. Civ. P 59 contains, in part, a directive from the appellate court that in essence puts the district court on notice that it will likely be overruled in this case. He also stated that the motion is strong and compelling.
Thus, we now know why GERS and C&C did not go directly to the Federal Circuit appeal -- the Federal Circuit does not want to take its time with a ruling that it will likely overrule (since similar cases have been adjudicated differently than this district court has ruled).
That is my untrained, certainly unprofessional assessment of what we know and do not know -- for what it is worth.
