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Post by newyorkled2008 on Sept 13, 2012 10:13:30 GMT -5
From Docket 1610
<<<< The Final Sale Hearing may be adjourned or rescheduled without further notice by an announcement of the adjourned date at the Final Sale Hearing or by the filing of a hearing agenda. >>>>
MEANING?
Kodak can wait until the very last minute to adjourn.
On a related note:
<<< The Debtors may schedule an earlier date for the Final Sale Hearing on an expedited basis, provided that such date shall be no earlier than seven (7) days after the Debtors serve notice of the Final Sale Hearing (the “Notice of Final Sale Hearing”) upon the Sale Notice Parties. >>>
Meaning they can reset the Final Sale Hearing for a date as long as they've served notice to all involved at least 7 days ahead.
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Post by TheBondKid on Sept 13, 2012 10:18:52 GMT -5
<<Meaning they can reset the Final Sale Hearing for a date as long as they've served notice to all involved at least 7 days ahead. >>
Oh, so your are saying the final sale will take place the 19th because Kodak didn't filed an extension?
Makes interesting sense being the adversary proceeding ruling was move to that date as well.
So the 19th should be fireworks.
The judge will rule against apple the same day he approves the sale to avoid Apple getting the opportunity to appeal? Can he do this?
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Post by mglassma on Sept 13, 2012 10:21:32 GMT -5
Apple can still appeal. It just forces Apple to reconsider whether they want to go that route on top of being sued by a real competitor or just jingle their pockets and cough up the peanuts it would take to buy the damn patents.
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Post by newyorkled2008 on Sept 13, 2012 10:25:09 GMT -5
No kid. I'm just saying that because we haven't heard anything yet, It doesn't mean that they're not adjourning once again.
That 7 days notice HAS to be given to all involved. So if they DO adjourn on September 19, then it'd have to be for at least 7 days or more thereafter.
NOW, can they pretend they're going ahead with the 19th and then change their minds at the last minute depending on what objections if any have taken place? I'm not sure. Since leading parties involved to believe that the sale has/is going through may be a hold-back. Ya think. That's an action of impropriety if I ever heard one. But I AM NO LAWYER...I only play one on daytime TV.
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Post by TheBondKid on Sept 13, 2012 10:25:13 GMT -5
Apple can still appeal. It just forces Apple to reconsider whether they want to go that route on top of being sued by a real competitor or just jingle their pockets and cough up the peanuts it would take to buy the damn patents. ok, I'm with you, but they have always filed an extension by now in the past. So odds are the 19 will stick Can the auction continue in the court room on the 19th for the remaining 8 patents?? My friend said that could happen. Those 8 patents should be the most valuable of the 1100, being 4 of them are currently be asserted by Kodak against Apple.
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Post by mglassma on Sept 13, 2012 10:29:39 GMT -5
Kid,
If somebody in Court bests what Kodak brings to Gropper's desk on the 19th I am sure he will Give Kodak a chance to think it over. His job is to help Kodak maximize money.
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Post by newyorkled2008 on Sept 13, 2012 10:31:04 GMT -5
ok, I'm with you, but they have always filed an extension by now in the past.
Not in August Kid. They filed on the 17th to change from the 20th to the 30th for the final sale hearing.
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Post by TheBondKid on Sept 13, 2012 10:33:26 GMT -5
Kid, If somebody in Court bests what Kodak brings to Gropper's desk on the 19th I am sure he will Give Kodak a chance to think it over. His job is to help Kodak maximize money. Agree. having the final sale approval, the ruling on the adversary proceeding(kodaks request for summary judgement(meaningless being the AP is being ruled on) as well (I think)) all on the 19th says its GAME ON. The judge is going to end Apples BS
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Post by psalmchapter51 on Sept 13, 2012 10:36:52 GMT -5
Can the auction continue in the court room on the 19th for the remaining 8 patents?? My friend said that could happen. Those 8 patents should be the most valuable of the 1100, being 4 of them are currently be asserted by Kodak against Apple. I would venture to say that a deal may already be struck for the remaining 8 patents contingent on results of the summary judgement.
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Post by mglassma on Sept 13, 2012 10:37:55 GMT -5
Kid,
Apple may have made Kodak an offer largely dependent on the ruling. What I mean is that IF gropper rules against us we will give you________ billion. If true, this would be relayed to Samsung/LG/Android/Microsoft too put them on notice that they better pony up now before it becomes another blind auction situation. If a buyout offer is the best way to circumvent Apple and maximize value then so be it.
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Post by TheBondKid on Sept 13, 2012 10:38:44 GMT -5
Can the auction continue in the court room on the 19th for the remaining 8 patents?? My friend said that could happen. Those 8 patents should be the most valuable of the 1100, being 4 of them are currently be asserted by Kodak against Apple. I would venture to say that a deal may already be struck for the remaining 8 patents contingent on results of the summary judgement. if Apple loses tho, I would think they would have a right to bid. This is what a friend of mine suspects.
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Post by TheBondKid on Sept 13, 2012 10:40:33 GMT -5
matt,
<<Apple may have made Kodak an offer largely dependent on the ruling.>>
NO WAY!
Apple is supposed to act like they have a claim, they couldn't possibly have a side deal if they lost. Thats insane.
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Post by psalmchapter51 on Sept 13, 2012 10:41:53 GMT -5
I would venture to say that a deal may already be struck for the remaining 8 patents contingent on results of the summary judgement. if Apple loses tho, I would think they would have a right to bid. This is what a friend of mine suspects. Agreed. Apple may already have a contingent offer in place.
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Post by newyorkled2008 on Sept 13, 2012 10:48:20 GMT -5
What you folks are talking about, Would that not be a major sign of impropriety? As seen by the other Sale Notice Parties? I mean, if any such deal doesn't work out on the 19th, then Kodak adjourns, BUT
The Sale Notice Parties have until the 17th to object. Wouldn't that be a big enough reason for them to object?
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Post by TheBondKid on Sept 13, 2012 10:53:03 GMT -5
What you folks are talking about, Would that not be a major sign of impropriety? As seen by the other Sale Notice Parties? I mean, if any such deal doesn't work out on the 19th, then Kodak adjourns, BUT The Sale Notice Parties have until the 17th to object. Wouldn't that be a big enough reason for them to object? Just talking about the 8 patents, how can anyone have any objections to how they are handled? they are not for sale YET?
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Post by newyorkled2008 on Sept 13, 2012 10:55:01 GMT -5
What you folks are talking about, Would that not be a major sign of impropriety? As seen by the other Sale Notice Parties? I mean, if any such deal doesn't work out on the 19th, then Kodak adjourns, BUT The Sale Notice Parties have until the 17th to object. Wouldn't that be a big enough reason for them to object? Just talking about the 8 patents, how can anyone have any objections to how they are handled? they are not for sale YET? D'OH!!! I get what you guys mean now. Thanks
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Post by psalmchapter51 on Sept 13, 2012 10:55:40 GMT -5
What you folks are talking about, Would that not be a major sign of impropriety? As seen by the other Sale Notice Parties? I mean, if any such deal doesn't work out on the 19th, then Kodak adjourns, BUT The Sale Notice Parties have until the 17th to object. Wouldn't that be a big enough reason for them to object? For all we know the other potential acquirers have made similar offers contingent on the Summary Judgement ruling as well?
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Post by TheBondKid on Sept 13, 2012 10:59:49 GMT -5
What you folks are talking about, Would that not be a major sign of impropriety? As seen by the other Sale Notice Parties? I mean, if any such deal doesn't work out on the 19th, then Kodak adjourns, BUT The Sale Notice Parties have until the 17th to object. Wouldn't that be a big enough reason for them to object? For all we know the other potential acquirers have made similar offers contingent on the Summary Judgement ruling as well? At this point Im sure you are correct. Its 8 freakin patents. Everyone knows what they want to pay. I still think an auction for the 8 can happen in the courtroom on the 19th. Thats what im told(not sure if its right)
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Post by newyorkled2008 on Sept 13, 2012 11:11:35 GMT -5
For all we know the other potential acquirers have made similar offers contingent on the Summary Judgement ruling as well? Now THAT would be something
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Post by psalmchapter51 on Sept 13, 2012 11:19:18 GMT -5
For all we know the other potential acquirers have made similar offers contingent on the Summary Judgement ruling as well? Now THAT would be something Agreed. This could be the sole reason for the adjournments. Judge Gropper may have needed time to review the additional 8 patents, and with contingent offers on the table, the Final Sale Hearing needed adjourning.
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Post by Admin on Sept 13, 2012 11:45:40 GMT -5
Kid, really?
An auction in Groppers court?
Are you serious?
Have you seen the docket for that day?
I dont think Honorable Judge Gropper will even be able to take a leak that day.
SBG
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Post by forkodak on Sept 13, 2012 12:10:31 GMT -5
I read Apple was appealing Gropper’s ruling on the two of ten patents he ruled on; did any court except that appeal or reject taking up appeal? Thanks
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