Replies to post #43436 on Greenshift Corporation (GERS)

[nobody12378]

Nothing that KK does except his scurrilous behavior can be counted on. I state that as a fact so no one can say I am defending him.

The speculation that KK lost interest could be correct. BUT with GERS/C&C now free to head to the Federal Circuit where the Circuit's adjudication this past summer of a similar issue means that GERS will find a receptive audience. http://www.patentdocs.org/2016/07/the-medicines-company-v-hospira-inc-fed-cir-2016-en-banc.html

It is this new case law that forced C&C/GERS to go back to McKinney despite their desire to go directly to the Federal Circuit where the justices and their staff understand patent law (particularly the distinction between an offer for sale and experimental use as clarified above in Hospira). BUT Fed. R. Civ. P. 59(e) required them to go back or be dismissed by the Federal Circuit.

If you think that KK has his head in the clouds and mind on some babe, maybe. BUT not C&C whose reputation is on the line (guilty of inequitable conduct according to McKinney), not to mention all the money they would be out (they are now on contingency) if the litigation was dropped.

You can connect the dots any way you like, but I believe it is not a simple as most detractors think. When something does not make sense as the delay in execution of the R/S, and no open market selling when the BID is non zero; it may be a piece of this puzzling quagmire.

I have not changed my position. Keep your eye on the litigation -- NOT KK, NOT GERS, NOT PVSP, NOT BTZO, NOT the dead of night, NOT ...