The entire debt was cancelled as well as the $50,000 per six month retainer that GERS could afford.
The issue here, and the only issue that is relevant: will GERS prevail on the appeal? If you read the order you will see that C&C is also accused of skullduggery by the Honorable Judge McKinney. If you look carefully at C&C, the likelihood of that is virtually zero. So, C&C as well as the USPTO both agree that the sales-bar was not violated making it more likely than not that GERS will win the appeal.
I have been as constructively negative as anyone over the ten years I have been following GERS and its predecessors. If they win, KK will likely misuse this bonanza and the common shareholders will likely get nothing. I have no faith in his ability to manage such a windfall. But I am objective. IF they prevail (and I have handicapped this outcome at better than 50:50 for the reasons I have stated on this board and on the Skunk blog), the award which will involve many years of back royalties, possible treble damages since the violation has already been documented to be willful, and interest will be into the hundreds of millions of dollars. That bonanza coming to a sub penny stock will be noteworthy; even the rumor of that happening will be widely noticed. (The only appeal from the Federal Circuit is to the US Supreme Court which would probably not hear the appeal since there are no Constitutional issues at stake means the Federal Circuit is very likely the final voice in this litigation).
The likelihood and timing of this collection if they prevail? I have no idea. That is not what is in play for me. Knowing KK as I do there would be no sense in waiting to find out.
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