Greenshift Corporation (GERS)

[nobody12378]

One of the more interesting entries in the recently released Q is: Next, Cantor Colburn LLP ("Cantor") and the Company entered into an amended agreement pursuant to which Cantor agreed to accept 15% of any recoveries from the Company's pending patent litigation in excess of $3.6 million per year in exchange for all services rendered to date and moving forward. The Company recognized an $8,433,388 gain on extinguishment of debt upon the write-off of all accrued legal fees.

Cantor Colburn LLP (C&C) is a distinguished, experienced IP law firm with with complete and intimate knowledge of the legal facts in this litigation. http://www.cantorcolburn.com/. C&C has an extensive history of success before the United States Court of Appeals for the Federal Circuit where the appeal will be heard. The Federal Circuit Court which, as indicated in the Greenshift update of September 15th: The United States Court of Appeals for the Federal Circuit ("the Federal Circuit") is the appeals court for all patent cases, and it is uniquely qualified to address the nuances of patent law that are the subject of this case. http://www.cafc.uscourts.gov/the-court/court-jurisdiction.

Questions: Why would a firm with this standing and their detailed level of knowledge about this case, trade $8,433,388 for 15% of nothing ("any recoveries")? Why would they make this deal as the appeal is about to commence? With the potential size of the back royalties and penalties (possible treble damages) the court awarded damages could fiscally swamp the defendants requiring payback over a number of years -- is this the reason for the "PER YEAR" stipulation of this amended agreement? Are they that sure of the outcome? Probable answers point to: C&C is that sure of the outcome of the appeal.