I kinda feel like they are pretty confident they are going to win this. They have shot down all of the defendants assumptions. Now maybe its not happening as quick as we all want it but big picture. Just like u said we need start up cost of new business. We win the lawsuit and get paid we are set up to go get poet and possibly valero. The bond for these companies will now be affordable paid by the infringers. A injunction on poet when they are building ethanol plants will really hurt businesses I think.
The bond would be required only if the injunction is granted. Any idea of what would happen to the PPS if granted? Any idea of where GERS could borrow the short term money for the bond with a robust PPS and clean balance sheet? Are you saying that for want of a nail a kingdom might be lost?
A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going forward with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed.
In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:
That there is a substantial likelihood of success on the merits of the case, That they face a substantial threat of irreparable damage or injury if the injunction is not granted, That the balance of harms weighs in favor of the party seeking the preliminary injunction That the grant of an injunction would serve the public interest.
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