Greenshift Corporation (GERS)

[nobody12378]

The only thing that has changed recently is the USPTO February 25 FINAL NOA. The appeal was LOST on December 4. Many are acting shocked at the finality; that was just the piece of paper; the outcome has been certain for three months.

IF the NOA facilitates a rehearing and it changes the entire line of (ill) logic of the Federal Circuit (as it should) then the back royalties (even possible penalties) are still very possible and those belong to GERS (us). This is what I think that Slash was trying to say when the USPTO NOA was released. A material factual or legal matter that was overlooked in the decision is an important basis for being granted a rehearing.

I think that any discussion about action by SCOTUS on this litigation is unfounded. Where is the constitutional issue?

Since this was obvious to me it was also obvious to our attorneys and KK. They have had three months to prepare their next steps. The exact wording of the ruling and the USPTO final NOA will need to be woven into this response -- but it should not take long -- I hope.

I also hope that KK comes forward soon; the CEO must speak.

Also, editorials in professional IP law journals are stating that this ruling of the Federal Circuit has besmeared C&C "for ever". That means mega millions of dollars lost to C&C and could threaten their existence. This outcome too was obvious December 4th; when the justice stated that C&C should be brought before the Massachusetts Bar for discipline.

I cannot see how this can lie quiescent in the face of these two results (USPTO NOA and C&C future potentially at stake).