Thank you for asking. We have three venues we are actively pursuing. In Richmond VA federal court (home town of the opposition) the judge is not acting on any motions or making any decisions. He believes the case should be settled out of court. He also knows that whatever he decides, it will be appealed. He is a new federal appointed judge and does not want his first big business case appealed and reviewed by the higher courts, and maybe get reversed. So he is doing nothing.
In the original Georgia case, the judge says the case is too complicated for her and she stopped work until the VA federal court makes a decision. This is a violation of explicit Georgia law which requires her to set a court date if a Georgia case gets counter suits in different states - such as the Virginia case. So we are appealing that decision to the Georgia Supreme Court - with her concurrence and assistance. She wants the case assigned to a different judge, and so do we.
Thirdly, the opposition is pushing the bankruptcy judge for a "plan" to end the bankruptcy. We submitted our plan which basically says we will continue the law suit, win the case and then pay the creditors in full. The other side wants to auction off the assets of the company and pay the creditors that way. In order to evaluate the plan Wi-SKY submitted, the judge has stated that he may need to have a bench (court only - no jury) trial to determine if our case has merits. This judge is a business judge by profession (the federal judge spends most of his time doing cocaine cases for federal agents - rarely a business case, and the Georgia judge spends most of her time doing criminal work - corporate is way out of her league.) The bankruptcy judge is fascinated by all the factors and really wants to get involved. He would be great - because he really understands business matters. The only hold up is that he had to make sure he has authority by law to get involved in this manner, which is a bit outside typical bankruptcy court jurisdiction.
So our attorneys are working hard, filing briefs and motions, trying to get things moving. Time is starting to work in our favor because the other side must keep spending lots of money on expensive lawyers to keep this thing going, something they never anticipated. The longer it goes, the more they are stopped from doing anything with the technology and their money/investment is stagnant. This makes them very unhappy.
The technology (patents) will not age. No matter what radio signal techniques may be developed, they will still have to be "adjusted" and "adapted" to reach an aircraft at jet speed and carry large bandwidth. New radios with higher bandwidth are developed all the time, but adapting to an aircraft is a very big effort and not cost-justified by a radio manufacturer (just a few thousand planes in the world - hard to recover R&D). So we are happy to wait until the other side realizes they will be very deep in the hole by the time this is over, and it would be worthwhile for them to settle at reasonable terms.
I hope this helps. Thanks again for asking. Grant |
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