Saturday, June 10, 2017

Inside the Mind

As we wait, here is a recent article by Mr. Jonathan Marks, the mediator in the talks. See Here. and Here

SkunK

10 comments:

nobody123789 said...

Skunk,

Sure you have the right one?

http://www.nadn.org/jonathan-marks

* said...

How many mediators are named Jonathan Marks? At least two - good catch, thanks.

Anonymous said...

I reckon sumpin is stewin I reckon...

Anonymous said...

Yep, I reckon so. Haven't been so excited since my brothers little sister started using lip stick.

nobody123789 said...

This a paragraph from http://www.wipo.int/wipo_magazine/en/2010/01/article_0002.html

Beyond alternative fee arrangements, a growing number of defendants in patent infringement lawsuits are challenging the validity of the patent at issue through the use of administrative ex parte or inter partes patent reexaminations before the U.S. Patent and Trademark Office (USPTO), based on prior art references. "U.S. Federal Courts have the power to stay patent litigation pending completion of reexamination." There has been a significant increase in third-party requests for patent reexaminations since 2003, and the number of patent infringement lawsuits involving parallel patent reexaminations before the USPTO is considerable and increasing.

This sentence [in quotes] clearly indicates the value of the USPTO opinion to Federal Court decisions about patent validity. GERS/KK have had the patents reexamined in the face of the district court filings by the defendants and the patents have again been certified as valid by the USPTO.

This is one of the several reasons why C&C/KK hold almost "all of the cards" if the appeal progresses. The defendants, and their attorneys are not dumb, they know this and why they are now mediating; where they never would before. They cannot risk this going to a full Federal Circuit adjudication -- they will likely lose and have little ability to control the damages awarded.

Anonymous said...

I'll take a 52.51% increase every day! ICM must be rattled along with Vandersoot!

nobody123789 said...

This small uptick looks like a handful of "GERSlanders" with some knowledge of what may soon happen hedging their bets and buying in at this time. There does not appear to be any fresh faces/money here; the total dollar amounts are too small. In any event, who/why would anyone know about the possibilities here?

We may well find out that we are going to appeal. I suspect that many of those who have hedged will sell in that case and the PPS could languish, even drop for many months. Far too much effort and money has gone into settlement discussions. If we go on to the appeal it is very likely a ploy to force an unconditional surrender by the defendants based on a settlement offer which will remain on the table. C&C/KK hold almost all the cards and it may take this next step to gain the capitulation that they are demanding. Any time, during the course of the appeal we could wake-up and find that an incredible settlement has finally become consummated. In other words, continuing with the appeal will represent another buying opportunity; trying to game this by selling now and buying later could be very risky.

nobody123789 said...

DVG has perfect knowledge of the outcome of the mediation to be announced soon. If he is "rattled" he certainly has not taken the actions required for self-protection; buying a nice position of GERS at this low price. There is no evidence of insider trading, not a single buy $10K+. With all the law firms, staffs, and family members that could learn about the terms of a settlement one would think that greed and avarice would drive at least one of those folks to "tuck a few shares away in their portfolio". That is IF a settlement is about to be announced.

nobody123789 said...

No filing since June 2 for case# 17-1832 as of 11:00 AM EDT today.

nobody123789 said...

Filing in -- continuance of stay until August 3, 2017.

 
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