Thursday, April 12, 2018

Joint Status Report

Two interesting factoids:

1.  Collectively, the MDL Defendants are seeking over $16 million in attorneys’ fees, expert fees and other expenses from CleanTech.

2. As CleanTech will show in its Motion, this is an appeal from a nine-year long multi-district patent litigation, involving five patents, sixty asserted patent claims, twenty-nine different Defendants and over 1,800 docket entries in the district court. CleanTech is appealing from two separate Opinions/Orders of the district court: (i) its 233-page Opinion (MDN 1351) granting summary judgment to Defendants on various grounds; and (ii) its 78-page Opinion (MDN 1653) finding inequitable conduct after a two-week bench trial on that issue.

Please feel free to help out and add any additional factoids you deem central and significant in the comments section.

See Here


Thursday, March 1, 2018

NLT 14 Days

Appeal Nos. 2016-2231, 2017-1838 remain deactivated and Appeal No. 2017-1832 remains stayed. No later than 14 days following the district court’s ruling on the motion for reconsideration in Appeal Nos. 2016-2231, 2017-1838, the parties are directed to inform this court as to how they believe these appeals should proceed.

See Here:


Thursday, February 15, 2018

GERS Status Report

. . , "Appellees seek an order continuing the stay" . . . [while GERS] . . . "request[s] a briefing scheduling on the appeal."

. . , "Cantor Colburn, that resolved all claims of Defendants, including Defendants’ claims for attorneys’ fees and costs, against Cantor Colburn.  Plaintiffs/Appellants are not parties to this agreement."

"Thus, there is simply no basis for this appellate court to prevent Appellants from going forward with their appeal."

See Here


Counsel for Plaintiffs-Appellants
GS Cleantech Corporation and Greenshift Corporation

On behalf of GS CleanTech Corporation and Greenshift Corp.
Steven B. Pokotilow
Binni N. Shah
Wesley A. Horner
Stephen Underwood
Michael J. Rye
Charles F. O’Brien
Chad A. Dever
Michele C. Perino
James P. Strenski

Wednesday, December 27, 2017

Court Grants Motion

The motion is granted to the extent that the official caption is revised to indicate that Cantor Colburn is not an appellant in the appeal. The revised official caption is reflected above.

See here


Thursday, December 21, 2017

Withdrawal in the form of a Motion

Cantor Colburn LLP hereby moves for an Order allowing its withdrawal from this appeal as an Interested Party. In support of this motion, Cantor Colburn states that it has resolved its previously outstanding issues with Appellees through a settlement. As a result, Cantor Colburn seeks to withdraw from this appeal as an interested party. Cantor Colburn LLP’s withdrawal shall have no effect on the appeal by GS Cleantech Corporation and Greenshift corporation, which are represented by separate counsel.

Stay Here


Wednesday, December 20, 2017


Notice is hereby given by Cantor Colburn LLP that it is withdrawing as an Interested Party in the above captioned matter. This notice is intended to terminate the participation of Cantor Colburn LLP, only, in this matter, and shall have no effect on the appeal by GS Cleantech Corporation and  Greenshift Corporation.

See Here


I think what this means is Cantor Colburn, GERS' Law firm, has settled their part of the case and are no longer defendants.  I do not know with certainty, but I think this is not a change of their status as GERS' patent litigation law firm.  I welcome any reasoned opinions on the matter.  Be assured we will have the definitive answer on the very next filing.

Sunday, December 3, 2017

Request to Stay Ok'd

The parties move jointly to continue the stay of these appeals to pursue settlement negotiations.

No later than February 14, 2018, the parties are directed to inform this court of the status of the reconsideration motion and how they believe these appeals should proceed.

See Here


Tuesday, November 28, 2017

Cantor Colburn Settles their Issues, GERS' Patent Issues Remain

Cantor Colburn and Defendants had executed a confidential settlement agreement that is subject to certain conditions, and that closing of the settlement was expected within the next thirty days. CleanTech maintained that additional settlement issues remain that it will address after settlement between Cantor Colburn and Defendants is closed.

The parties therefore request that all deadlines in the above-captioned appeals continue to be stayed until February 14, 2018

See Here


Friday, November 3, 2017

28 November 2017

No later than November 28, 2017, the parties are directed to inform this court of the status of the reconsideration motion and how they believe these appeals should proceed.

See Here.


Friday, October 27, 2017


The parties therefore request that all deadlines in the above-captioned appeals continue to be stayed until November 28, 2017,
 the Adkins litigation in the Northern District of Illinois has been assigned to Judge Rebecca R. Pallmeyer.

See Here


Tuesday, October 3, 2017

Senior Judge Robert Miller Jr

At the time of his death on Sept. 20, McKinney had 250 pending civil cases and 27 pending criminal cases. While most cases will be reassigned to judges in the Southern District of Indiana, additional assistance is needed.
Miller will accept a continual docket of 50 cases in the Southern District. His inherited caseload includes a complex multidistrict litigation case that has multiple pending post-judgement motions.
Appointed by President Ronald Reagan and confirmed by the U.S. Senate, Miller has been a judge for the Northern District of Indiana since 1985. He served as chief judge from 2003 through 2010 and assumed senior status Jan. 11, 2016.


Thanks to slashnuts for the heads up in the comment section of the last blog.

Saturday, September 23, 2017

Judge Larry J. McKinney Dead

Senior U.S. District Judge Larry J. McKinney has died at age 73.   Our condolences to his family, friends and associates.  

Judge McKinney, being a central figure in our legal story, this event is likely to lengthen the time to conclusion.  However in this story involving humans and many moving parts, it is hard to tell how the outcome will be eventually affected.  Although it likely will.

Extensive Court Statement Here

See Here


Here (see Picture)

Thanks to Anonymous Post in last blog for the heads up.


Tuesday, September 19, 2017

Order to Stay

The parties move jointly to continue the stay of these appeals to pursue settlement negotiations. On April 4, 2017, the court deactivated Appeal Nos. 2016-2231, 2017-1838 pending the district court’s ruling on a motion for reconsideration in the underlying proceedings. The parties in all of the above-captioned appeals now seek to continue to stay all deadlines until October 27, 2017. Upon consideration thereof, IT IS ORDERED THAT: The motion is granted to the extent that Appeal Nos. 2016-2231, 2017-1838 remain deactivated and Appeal No. 2017-1832 remains stayed. No later than October 27, 2017, the parties are directed to inform this court of the status of the reconsideration motion and how they believe these appeals should proceed. FOR THE COURT /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court.

See Here


Monday, September 11, 2017

Continue Stay . . .

The parties therefore request that all deadlines in the above-captioned appeals continue to be stayed until October 27, 2017, at which time the parties propose that they will submit a Joint Status Report advising the Court as to the status of the pending motions and how they wish to proceed with the appeals. Dated September 11, 2017

See Here


Thursday, September 7, 2017


09/06/2017 55 **TEXT ONLY** ORDER granting motion to withdraw Steven B. Pokotilow and Binni N. Shah as counsel filed by Appellant Cantor Colburn LLP. Service as of this date by Clerk of Court. This order has been issued without an attached document and is official and binding. [458993]

Withdrawal request See Here


Wednesday, September 6, 2017

New Document

Date admitted to Federal Circuit bar (counsel only): 5/1/1998


Wednesday, August 9, 2017


Motion Granted:  No later than September 11, 2017.

See Here


ICM Inc. is one of the most recognized names in ethanol, and now it wants to carry over its vast service knowledge and experience into biodiesel. About 60 percent of North American ethanol plants employ ICM process technology, says Debbie Harding, ICM’s marketing manager. 

The company already provides behind-the-scenes benefits to biodiesel producers with nearly 50 percent of the market in distillers corn oil (DCO) extraction technology, increasing availability of lower-cost feedstock to biodiesel producers. ICM’s corn oil extraction design employs a horizontal three-phase decanter, or tricanter, design. “We’ve had buyers of distillers corn oil say they prefer to get it from ICM systems because the product is more consistent,” says Brock Beach, ICM’s vice president of sales and marketing. ICM has also helped increase extraction rates. “We started with a base tricanter system,” Beach says. “That recovered 0.5 to 0.6 pounds per bushel. Then we added our Selective Milling Technology that increased recovery by 5 percent. Our Fiber Separation Technology added another 10 percent bump in corn oil. ICM’s Thin Stillage Solid Separation System (TS4) provided another increase. And at the end of the line, we have our gen 1.5 corn fiber to ethanol process. So now, in all, our systems can recover up to 1.2 pounds of DCO per bushel.” 

See Here
Free Blog CounterTamron