Still going through Last Fridays' motion and Fiings to add the '516 patent. Lots of reading 4y'all. First one is the longest and the most interesting to me. The SkunK calls this section " . . . to overcome the deterrent effect . . . (of) . . . the patent laws."
21. In the Cardinal Ethanol lawsuit, GS CleanTech sued Cardinal alleging that Cardinal has infringed one or more claims of the '858 patent by virtue of its use of the corn oil extraction equipment supplied by ICM to Cardinal. On or about February 16, 2010, five days after the commencement of the Cardinal Ethanol lawsuit, Vander Griend, executed an amendment to an agreement between ICM and Cardinal wherein ICM agreed to indemnify Cardinal for any claims arising out of the infringement of adversely owned patents by Cardinal of corn oil extraction equipment purchased and used by Cardinal and furthermore wherein ICM specifically agreed to indemnify Cardinal and provide a defense for Cardinal in the Cardinal Ethanol lawsuit.
22. Upon information and belief, the main purpose of the indemnification agreements provided by ICM under the control of and at the direction of Vander Griend, is to overcome the deterrent effect that the patent laws would have on the Defendants.
23. Upon information and belief, by virtue of the actions taken by Vander Griend, who is in control of ICM and its operations, Vander Griend possessed specific intent to encourage ICM's customers to infringe one or more claims of the ‘858 and ‘516 patents and knew or should have known that his actions would induce ICM's customers to infringe one or more claims of the ‘858 and ‘516 patents. By virtue of the actions taken by Vander Griend, who is in control of ICM and its operations, Vander Griend has actively aided and abetted ICM in actively inducing its customers to infringe one or more claims of the ‘858 and ‘516 patents.
ICM See Here
Lincolway SEE Here
Big River SEE Here
Adkins SEE Here
SkunK
got 'er done
Tuesday, September 6, 2011
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1 comment:
Thanks Skunk!
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