Friday, July 8, 2011

Preliminary Injunction

We had learned in earlier filings GreenShift had dropped its request for a Preliminary Injunction against the accused patent infringers.   The court has so ordered.
See Here

SkunK

One can guess that GreenShift dropped its request for an injunction for a number of reasons, but I think we can only safely say that GreenShift believes it to be in the company's best interest to do so.  Originally, a preliminary injunction could have served as a deterrent to infringement.  Granted now, it would mostly just stop corn oil production.

Strategy
If we assume a position of GreenShift strength, and any settlement or award to be based on corn oil production at infringing facilities, then continued production at those facilities may be in GreenShift's best interest at this point.  This may be a strategical move to increase the size of the pie and all its portions.

Tactics
A less dramatic case could be made that since GreenShift has lately signed many new plants for their patented corn oil production, it would be harder to meet the extreme burden of injury (that cannot be later made whole by an award) required for a preliminary injunction.   It may be simply a tactical call to use their legal assets more productively.

No comments:

 
Free Blog CounterTamron