Saturday, February 18, 2017 8:33:46 AM
The fact that there are any settlement discussions at this time with McKinney who is so completely supportive of the defendants underscores my position that all the attorneys (from both sides) know what will happen when/if this gets into the Federal Circuit on appeal. For ICM's DVG to agree to this, (remember ICM is obligated to indemnify all the other defendants), and he must have, tells you that they know they will lose all control of this suit in the Federal Circuit. Since McKinney's rulings are so prejudicial against GERS/C&C and so inconsistent with IP law and now the new case law the Federal Circuit established on the sales bar that required the motion for rehearing; the Federal Circuit would likely award damages as part of their ruling and not refer that determination back to McKinney. That should scare the hell out of DVG and the defendants.
But do not hold your breath. Believe it or not this probably means that KK/C&C hold most if not all of the cards in this play and they will play hard ball (Why Babbitt of the ICE firm has been brought in) as they get reimbursed based on any settlement. And hundreds of millions are truly on the table for direct and punitive damages. This hard ball could certainly cause the defendants to take their chances on appeal and continue to play the delay, delay, followed by more delay game that has worked so well for them until now.
Then, of course what would KK do with this windfall? Run off to some country that doesn't have extradition with the US with some babe from BTZO? Certainly more likely than the shareholders profiting. This reality is why any one buying this stock at a later date after the windfall is in GERS' treasury/KK's pocket in the hopes of long-term gain will probably be sadly disappointed.
IF there is a run up based on the rumors/news before the real understanding of KK's management hits home -- there is another fact going for those who already hold the stock. The real float is no where near the listed 1.2 billion shares. About 80% of the shares are controlled by KK and his family and I do not believe that those will be traded, effectively making the trading float relatively small and increasing the potential for a "run". IF, IF, ...
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