Because our bankruptcy judge sees what is happening and has told the other side he is skeptical of their claims, they have requested a new judge. We chose to file bankruptcy in a jurisdiction that is 1.5 hours north of Atlanta because there are only 2 judges to choose from and they are both excellent. We asked for the other judge in the beginning and the other side opposed. Now it is THEM who are asking for the other judge. But we think they will find themselves in the same boat with either judge. The bankruptcy courts are called the ?business courts of America? because they only deal with business issues (no criminal stuff). They will see right through what is happening, and the other side is fearful of their rulings.
Because of the bankruptcy prospects not looking very good, the Richmond-based attorney group (we suspect) leaned on their former Richmond-based trial lawyer buddy who is now judge Gibney (recently appointed to the Federal Court Judge position by Obama) to speed things along with their law suit in Gibney?s court in Richmond. So Gibney issued a ruling declaring that Wi-SKY?s contract was binding and enforceable ? BUT, declaring that whatever existed PRIOR to the contract belonged to the other side. The other side is trying to argue that CTO Leabman thought of his ideas BEFORE the Wi-SKY contract.
So the trial will center around what and when Leabman invented the radio. Clearly there are parts of his concept that belong to Wi-SKY. However, the judge will likely rule that part of it belongs to Leabman personally. Judge Gibney all along has been trying to get both sides to compromise but after 6 settlement conferences, the other side has not budged from their offer of $2 million. If he rules that both parties own parts of the intellectual property ? then both sides will have claim to it and will need to share. Our attorneys have a strategy that may get all the IP to belong to Wi-SKY. We?ll see.
Even if the IP ownership is resolved with a sharing, that still leaves the other side with issues of breach of contract and conspiracy. Too bad for Lufthansa ? they bet on the wrong horse and are the ones with the deepest pockets. You can bet we will be going after them big time ? unless of course the other side makes it worth out while not to ? which I doubt very much.
Let me know if you have any questions about this. Take care. Best regards, Grant
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