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nobody12378

09/25/13 1:10 PM

#35992 RE: zeki555 #35990

The Appellate Court frequently takes a different view of claims construction than the lower court. Here are the statistics -- 35% of lower court adjudications are overturned on procedural issues that have nothing to do with what most folks call "justice". 35%!, not my number theirs. Most of the costs have been absorbed in the MDL proceedings, they would be nuts on a financial basis not to take this 35% shot. BUT, in addition, DVG is, based on GERS' principals knowledge, completely convinced that he is in the right and will appeal if he loses the MDL on that belief. You can take that to the bank. My advice, stop inventing possibilities and theories that have been authoritatively (we have input from the principals, an experienced IP attorney following this case, and we have the history of the litigation) discussed and dismissed in the past.

By the way the dump has started:

$0.0003 1,468,000 OTO 12:52:12
$0.0003 5,972,116 OTO 12:52:12
$0.0003 3,581,943 OTO 12:52:07


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Dutch1

09/25/13 1:13 PM

#35993 RE: zeki555 #35990

Don't forget that the defendants only have to pay for one lawsuit. GERS has to pay for all of them. Also, I don't know if the court will go that far and will they rule over all pending lawsuits or just over one? If the ruling only concerns one, doesn't that mean GERS still will be paying for the others as long as there is no ruling over those?