Friday, July 1, 2011

The Defendants are Desperate

The following is the start of GreenShift's reply to the defendants Claim Construction and is dated 1 July:

"The Defendants are desperate. Their claim construction arguments (which severely and improperly limit the scope of the claims) lack common sense and are based on distortions of the record, combining unrelated cherry picked phrases from the specification and prosecution history of the '858 Patent, and an incorrect - at best - application of the law.

The reason for Defendants' desperation (and resulting reason for these tortured claim constructions) is made clear in the final sentence of their claim constriction brief. (Defendants' Joint, with the Exception of Adkins Energy, LLC, Claim Construction Brief Regarding U.S. Patent No. 7,601,858, Dkt. # 120 (Defendant's Br.”) at 27). It is because they infringe the claims of the '858 Patent if the claims are not severely limited as they propose."

See Entire Document HERE

SkunK

1 comment:

Anonymous said...

...and imo the judge will also see this claim construction as a desperate attempt by the infringers.Go GERS legal team!

 
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