The language clearly suggested that the R/S would have occurred by now. The reasons stated as you indicated included some dire financial consequences if the R/S was not consummated. I think that we can infer from this that something happened to change the timing. KK knew when the Q3 was coming; that event could not have been the game changer. KK knew what the general results of the Q3 filing would be, that wasn't it either. There are two events that he probably did not know about. The Valero signing appears to have caught him by surprise as witnessed by how quickly he responded with a motion to expand the litigation because of the Valero signing. I think that KK recognized that the Valero news could be problematic for one of his stated goals for the R/S -- maintaining the PPS above 0.10. There is no way that KK could have known that the Markman was coming out so early, barely 30 days in a 90 day window. This could have caused a rethinking of the R/S in view of where the positive Markman could take GERS. This is not rocket science something seems to have happened to change the timetable that KK did not know about when he released it. Two candidates are offered above. One could have set KK on a path to develop counterbalancing good news to the bad, and the other to focusing on settlements or a preliminary injunction that would be viewed as very positive. Of course there is always the possibility of a new sugar daddy who will be more benevolent than YAGI.
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