Tuesday, February 14, 2017

Real News - Private Mediation

. . . notified the Court of their intention to seek private mediation of all claims in this action. The parties have requested that the Court vacate the Telephonic Status Conference and suspend and/or stay all deadlines for 60 days. The Motion is GRANTED.

See Here

also 1679


At first blush me thinks this "action" is only about settling court costs - not the patent case - yet the phrase "all claims in this action" and the "IN RE:*" at the top of the page makes me think it could be about "ALL claims".



Anonymous said...

Hey really appreciate how thorough this information on GreenShift is, I only recently started researching them, as such I would like your opinion (I'll take it with a grain of salt I read the disclaimers), Do you believe that Greenshift is going to go up once the lawsuit ends? Or am I misunderstanding the reasons for their low stock price?

nobody123789 said...

The entire play here is the litigation. No one has any faith in KK leading this company even with a huge award or a settlement in GERS' treasury. BUT' it will take awhile for others, taken by the announcement of the settlements or award, to figure this out. In that time those holding now will be out and possibly greatly enriched.

nobody123789 said...

Thanks Skunk for posting 1679.

Anonymous said...

I posted a few weeks/months back that this may end up being settled out of court and got lambasted... I really think that there is a chance this could all be settled. It is a huge resource hog for everyone! If they all gave GERS a license for a respectable fee, then pay them a reasonable royalty, this all goes away and it is considered a cost of doing business. Let's see what the next couple of weeks has it store for us.

The must be referring to the entire litigation not just the court costs. Who can give a rats ass about $15,000 at this point in time...

nobody123789 said...

Something is unusual and unusual activity of any kind cannot hurt as nothing could be worse than the last ten years. We now have zero value; we either stay at zero or go up. The fact that the January 3rd R/S has not been filed with Delaware is also unusual.

Anonymous said...

Still begs to ask "Why now?" after all this time... Will this turn into licenses? Did the judge tip his hat regarding a change of heart? Maybe ICM will be purchasing the assets of GERS?

Anything is possible. And this may all just lead to a dead-end! Regardless, we can't go any lower!

nobody123789 said...

There has been no "news" yet and we are not sure about anything. Maybe the only thing on the table is KK's golden parachute. But I really doubt that since C&C are after their contingency fees.

Only a handful of people read the court documents know what is going on. I suspect if a real settlement occurs there will be an 8-K filing and a press release. One is interesting is that any from of settlement discussions are ongoing.

The fact that there are any settlement discussions at this time with McKinney who is so completely supportive of the defendants underscores my position that all the attorneys (from both sides) know what will happen when/if this gets into the Federal Circuit on appeal. For ICM's DVG to agree to this, (remember ICM is obligated to indemnify all the other defendants), and he must have, tells you that they know they will lose all control of this suit in the Federal Circuit. Since McKinney's rulings are so prejudicial against GERS/C&C and so inconsistent with IP law and now the new case law the Federal Circuit established on the sales bar that required the motion for rehearing; the Federal Circuit would likely award damages as part of their ruling and not refer that determination back to McKinney. That should scare the hell out of DVG and the defendants.

But do not hold your breath. Believe it or not this probably means that KK/C&C hold most if not all of the cards in this play and they will play hard ball (Why Babbitt of the ICE firm has been brought in) as they get reimbursed based on any settlement. And hundreds of millions are truly on the table for direct and punitive damages. This hard ball could certainly cause the defendants to take their chances on appeal and continue to play the delay, delay, followed by more delay game that has worked so well for them until now.

Then, of course what would KK do with this windfall? Run off to some country that doesn't have extradition with the US with some babe from BTZO? Certainly more likely than the shareholders profiting. This reality is why any one buying this stock at a later date after the windfall is in GERS' treasury/KK's pocket in the hopes of long-term gain will probably be sadly disappointed.

IF there is a run up based on the rumors/news before the real understanding of KK's management hits home -- there is another fact going for those who already hold the stock. The real float is no where near the listed 1.2 billion shares. About 80% of the shares are controlled by KK and his family and I do not believe that those will be traded, effectively making the trading float relatively small and increasing the potential for a "run". IF, IF, ...

Free Blog CounterTamron