Greenshift Corporation (GERS)

[nobody12378]

Another very critical component of this decision is the delay from the successful adjudication to determination of award to receipt of the award.

For example, the Federal Circuit could find for GERS but send the award phase back to McKinney. Whatever, the first blush of that award and punitive damages (perhaps by jury trial) are that could be appealed by either side. AND after the many months (years) it takes to get this finalized it may take additional legal action to enforce the collection; such as federal marshals seizing property and freezing bank accounts. Remember the direct and punitive damages could be HUGE, so large that it may force some of the smaller companies into bankruptcy; and what about ICM who has pledged indemnification to all of the defendants?

C&C would have virtually perfect knowledge of these possibilities. They are working on contingency and spilling blood out of their corporate treasury until the cash is in hand. You can see why they might see a smaller "bird in hand" as being far more attractive than a larger "bird in the bush".