Wednesday, July 18, 2018

Entry of appearance

07/18/201895Entry of appearance for Wasim K. Bleibel as of counsel for. Service: 07/18/2018 by clerk. [536699] [17-1832] [Wasim Bleibel] [Entered: 07/18/2018 09:54 AM]
07/18/201896Entry of appearance for James T. Peterka as of counsel for Appellee Adkins Energy LLC. Service: 07/18/2018 by email. [536860] [17-1832] [James Peterka] [Entered: 07/18/2018 03:47 PM]

Sunday, July 15, 2018

Clean Up Adkins Aisle 7

07/10/2018 90 Entry of appearance for Keith D. Parr as principal counsel for Appellee Adkins Energy LLC. Service: 07/10/2018 by email. [534770] [17-1832] [Keith Parr] [Entered: 07/10/2018 11:50 AM]
07/10/2018 91 Docketing Statement for the Appellee Adkins Energy LLC. Service: 07/10/2018 by email. [534779] [17-1832] [Keith Parr] [Entered: 07/10/2018 11:55 AM]
07/10/2018 92 Certificate of Interest for the Appellee Adkins Energy LLC. Service: 07/10/2018 by email. [534785] [17-1832] [Keith Parr] [Entered: 07/10/2018 12:02 PM]
07/10/2018 93 Entry of appearance for Hugh S. Balsam as of counsel for Appellee Adkins Energy LLC. Service: 07/10/2018 by email. [534787] [17-1832] [Hugh Balsam] [Entered: 07/10/2018 12:05 PM]
07/10/2018 94 NOTICE OF DEFICIENCY: Documents[90], [91], [92], and [93] filed by Appellee Adkins Energy LLC in 17-1832 are submitted in a trailer case and therefore cannot be accepted for filing at this time. All filings must be made in lead appeal 16-2231 only. Additionally, the COI is incomplete. Item #5 was left blank. You are being afforded the opportunity to correct the deficiencies. At the discretion of the court, the corrected documents may be accepted for filing if received before midnight (EST) on the date of this notice in the lead appeal. [534825] [MJL] [Entered: 07/10/2018 12:52 PM]

SkunK

Saturday, July 7, 2018

New Filing

IT IS ORDERED THAT: (1) The motion to consolidate the appeals is granted. The revised official caption and short caption are reflected above. (2) The motion to continue the stay of the appeals is denied. (3) The motion for an extended brief is granted to the extent that GS CleanTech Corporation’s opening brief, not to exceed 28,000, words is due no later than 40 days from the date of filing of this order.

See Here

07/05/2018 88 ORDER filed. The motion to consolidate the appeals [77] is granted. The revised official caption and short caption are reflected in the order.; The motion to continue the stay of the appeals [77] is denied.; The motion for an extended brief [78] is granted to the extent that GS CleanTech Corporation’s opening brief, not to exceed 28,000, words is due no later than 40 days from the date of filing of this order. Service: 07/05/2018 by clerk. [533715] [NEL] [Entered: 07/05/2018 11:49 AM]
07/05/2018 89 Note to file: The following cases are consolidated: 16-2231 (Lead) with 17-1832, -1838 (Members). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [534084] [16-2231, 17-1832, 17-1838] [MJL] [Entered: 07/06/2018 02:40 PM]

SkunK

Friday, June 1, 2018

Thursday, May 31, 2018

Yuge News


Attis Industries Acquires Clean Technology Licensing Business

See Here

SkunK

Thursday, May 24, 2018

CLEANTECH’S REPLY . . .

. . . IN SUPPORT OF ITS MOTION TO FILE AN EXTENDED BRIEF UNDER CAFC RULE 28(C) .

See Here

SkunK

Wednesday, May 23, 2018

Reply of Appellees 86

05/22/2018 86 REPLY of Appellees ACE Ethanol, LLC, Aemetis, Inc., Al-Corn Clean Fuel, Big River Resources Galva, LLC, Big River Resources West Burlington, LLC, Blue Flint Ethanol, LLC, Bushmills Ethanol, Inc., Cardinal Ethanol, LLC, Chippewa Valley Ethanol Company, LLP, Flottweg Separation Technologies, Inc., GEA Mechanical Equipment US, Inc., Guardian Energy, LLC, Heartland Corn Products, Homeland Energy Solutions, LLC, ICM, Inc., Iroquois Bio-Energy Company, LLC, Lincolnland Agri-Energy, LLC, Lincolnway Energy, LLC, Little Sioux Corn Processors, LLLP, Pacific Ethanol Magic Valley LLC, Pacific Ethanol Stockton, Southwest Iowa Renewable Energy, LLC, United Wisconsin Grain Producers, LLC, David J. Vander Griend and Western New York Energy, LLC to response filed by Appellants, Doc. No [80]. Service: 05/22/2018 by email. [523720] [17-1832] [Michael Buchanan] [Entered: 05/22/2018 05:24 PM

SEE HERE

SkunK

Sunday, May 20, 2018

Documents 80-85

05/15/2018 80RESPONSE of Appellants GS CleanTech Corporation and Greenshift Corporation to the motion [77] filed by Appellees ACE Ethanol, LLC, Aemetis, Inc., et al. Service: 05/15/2018 by email. [521991] [17-1832]--[Edited 05/16/2018 by MJL to consolidate docket text]. [Steven Pokotilow] [Entered: 05/15/2018 06:09 PM] SEE HERE
05/16/2018 81 CLERK'S OFFICE QUALITY CONTROL MESSAGE: ERROR: Appellants' response [80] did not include a certificate of compliance with the word count. CORRECTION: Pursuant to FRAP 32(g)(1), responses to motions must contain a certificate of compliance with the word count. Please ensure future responses include the certificate of compliance. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [522052] [MJL] [Entered: 05/16/2018 09:25 AM]
05/17/2018 82 Entry of appearance for Peter R. Forrest as of counsel for Appellees ICM, Inc., David J. Vander Griend, Flottweg Separation Technologies, Inc., Cardinal Ethanol, LLC, Big River Resources West Burlington, LLC, Big River Resources Galva, LLC, Lincolnland Agri-Energy, LLC, Little Sioux Corn Processors, LLLP, Guardian Energy, LLC, Western New York Energy, LLC, Southwest Iowa Renewable Energy, LLC and Pacific Ethanol Magic Valley LLC. Service: 05/17/2018 by email. [522600] [17-1832] [Peter Forrest] [Entered: 05/17/2018 03:36 PM]  SEE HERE
05/18/2018 83 NOTICE OF DEFICIENCY: The certificate of interest (COI) attached to the entry of appearance (EOA) for Peter R. Forrest [82] cannot be accepted for filing at this time. The COI is incomplete (item #5 was left blank), has a non-compliant electronic signature (see FCR 25(d)), and was incorrectly filed (a COI must not be attached to an EOA; the COI must be submitted as a separate docket entry). You are being afforded the opportunity to correct the deficiencies. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [522722] [MJL] [Entered: 05/18/2018 08:58 AM]
05/18/2018 84 Corrected Certificate of Interest for the Appellees ICM, Inc., David J. Vander Griend, Flottweg Separation Technologies, Inc., Cardinal Ethanol, LLC, Big River Resources West Burlington, LLC, Big River Resources Galva, LLC, Lincolnland Agri-Energy, LLC, Little Sioux Corn Processors, LLLP, Guardian Energy, LLC, Western New York Energy, LLC, Southwest Iowa Renewable Energy, LLC and Pacific Ethanol Magic Valley LLC. Service: 05/18/2018 by email. [522802] [17-1832] [Peter Forrest] [Entered: 05/18/2018 11:21 AM]  SEE HERE
05/18/2018 85 RESPONSE of Appellees ACE Ethanol, LLC, Aemetis, Inc., Al-Corn Clean Fuel, Big River Resources Galva, LLC, Big River Resources West Burlington, LLC, Blue Flint Ethanol, LLC, Bushmills Ethanol, Inc., Cardinal Ethanol, LLC, Chippewa Valley Ethanol Company, LLP, Flottweg Separation Technologies, Inc., GEA Mechanical Equipment US, Inc., Guardian Energy, LLC, Heartland Corn Products, Homeland Energy Solutions, LLC, ICM, Inc., Iroquois Bio-Energy Company, LLC, Lincolnland Agri-Energy, LLC, Lincolnway Energy, LLC, Little Sioux Corn Processors, LLLP, Pacific Ethanol Magic Valley LLC, Pacific Ethanol Stockton, Southwest Iowa Renewable Energy, LLC, United Wisconsin Grain Producers, LLC, David J. Vander Griend and Western New York Energy, LLC to the motion [78] filed by Appellants Greenshift Corporation and GS CleanTech Corporation. Service: 05/18/2018 by email. [523048] [17-1832] [Michael Buchanan] [Entered: 05/18/2018 06:40 PM]  SEE HERE

SkunK

Thursday, May 10, 2018

7 More Filings with GERS Appeal

Document 73 Reject Motions for procedure - GERS - Appellants

Document 74 Reject Motions for procedure - Appellees

Document 75  This only:  NOTICE OF DEFICIENCY: The certificate of interest (COI) [71] filed by Appellees ACE Ethanol, LLC and GEA Mechanical Equipment US, Inc. in 17-1832 is incomplete and therefore cannot be accepted for filing at this time. Item #3 references Attachment A, but no attachment was provided. Also, item #5 was not included on the form (as of 10/02/2017, all COIs must adhere to FCR 47.4 as amended). You are being afforded the opportunity to correct the deficiency. At the discretion of the court, the corrected document may be accepted for filing if received before midnight (EST) on the date of this notice. [520310] [MJL] [Entered: 05/09/2018 11:33 AM]

Document 76  Corrected Certificate of Interest for the Appellees

Document 77  MOTION of Appellees . . . 35 pages . . .

Document 78  MOTION of Appellants Greenshift . . . 792 pages . . .

Document 79  This only:  Sealed or confidential document received [Confidential Declaration of Steven B. Pokotilow in Support of CleanTech's Motion to File an Extended Brief Under CAFC Rule 28(c) with Exhibits A to D] for Appellants Greenshift Corporation and GS CleanTech Corporation. Service: 05/09/2018 by email. [520544] [17-1832] [Steven Pokotilow] [Entered: 05/09/2018 06:13 PM]



SkunK

Good Catch Nobody

Tuesday, May 8, 2018

Filing

635 page combined filing containing 4 documents.

See Here

**************

Certificate of Service

Motion

SkunK

Wednesday, May 2, 2018

Spring Update

IT IS ORDERED THAT: No later than seven days from the date of filing of this order, the parties are directed to file their motions, including any motion to stay these appeals. For now, the briefing schedule remains stayed. 
See Here

SkunK

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

SkunK

Thursday, March 1, 2018

NLT 14 Days

IT IS ORDERED THAT:
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:

SkunK

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

SkunK

PS
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
STROOCK & STROOCK & LAVAN LLP
Michael J. Rye
Charles F. O’Brien
Chad A. Dever
Michele C. Perino
CANTOR COLBURN LLP
James P. Strenski
CANTRELL STRENSKI &
MEHRINGER, LLP

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

SkunK

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

SkunK

Wednesday, December 20, 2017

Withdrawal

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

SkunK

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

SkunK
 
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