Greenshift Corporation (GERS)

[nobody12378]

If we go to appeal the case will be heard by a panel of judges not just one judge. In addition each of the judges will be knowledgeable in IP law (unlike someone in Indianapolis) and each of the judges will have an experienced IP attorney as a clerk. In other words, they will get it right.

I have learned that a "settlement" could be more than a little ugly for us. The problem is the ICM indemnification pledge coupled with their recent bellicosity. As you speculated, the smaller companies could agree to "settle". But they have no resources to pay any real damages -- they are dependent on ICM fulfilling their commitment. So, we get a "settlement" (in name only), these companies have to initiate litigation against ICM to fulfill the indemnification commitment (which will take years to recover, if ever), KK gets to crow that he has been vindicated and we get no "windfall" to jump start the PPS. I am not sure how happy that would make C&C (they would probably get out from under the cloud of inequitable conduct, which maybe more important to them than 15% of cash damages); I know that outcome would not be in our interest.

Again, and you know where I am going with this -- DAMN THE MEDIATION, ON WITH THE APPEAL, FULL SPEED AHEAD!! I am sure I stand virtually alone in this position because folks want a quick "kill" here; but that is very short sighted in my opinion. But my opinion, yours and most every other opinion are irrelevant. Que Sera, Sera