Adkins Defense and Judge directs "discussion of possible settlement"

The Adkins Defense  SEE HERE

In the SkunK's opinion, the Adkins Defense is to make three points in its 6 affirmative defenses:
1.  Adkins does not infringe the patent.
2.  The patent (that they did not infringe?) is invalid.
3-6.  GreenShift agreed not to sue them for (not?) infringing the (invalid?) patent. 

I encourage you to read the whole story, but to SkunK-a-rize the storyline of the 3rd -6th points of the defense: 
1. GreenShift began COES installation at Adkins using Harn Construction.
2. GreenShift could not pay for Harn (partial?) installation.
3. Adkins paid Harn Construction off and purchased Westfalia COES.
4.  Adkins believes they had a (verbal?) agreement not to be sued which gave them an "implied" license and that GreenShift has no right to sue because they have "unclean hands" (due to failure to pay Harn).

"Misleading Silence"?  or  "What did you (not) say?"

In Adkins opinion:  "GS CleanTech, as successor-in-interest to Veridium Corp. d/b/a/ Veridium Industrial Design Corp., is estopped from seeking damages or injunctive relief against Adkins because of its conduct, positive statements, and misleading silence representing to Adkins that Adkins would be free and clear of any claim of infringement if it were to purchase and install corn oil extraction technology from an alternative provider."
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The Agreement between Harn Construction and Adkins
The Agreement between GreenShift and Adkins
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The face-to-face (a discussion of possible settlement) Meeting August 2010

This docket entry was made by the Clerk on Wednesday, August 4, 2010: MINUTE entry before Honorable Rebecca R. Pallmeyer: Status hearing set for 9/15/2010 stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to Fed. R. Civ. P. 16. on 8/25/2010 at 9:00 AM. Counsel are requested promptly to meet face−to−face for a discussion of possible settlement  and for preparation of a planning report. The form is accessible from the court's Internet site, www.ilnd.uscourts.gov. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Mailed notice(etv, )

SkunK

8/25/2010 at 9:00 AM Pretrail Conference
We Should have 2Q and MDL Panel response before that.