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The Court agrees that avoiding eight largely duplicative briefs is a “compelling” reason under Local Rule 7.1(c) to allow joint briefing in excess of the page limit and GRANTS Defendants’ motion [masterdkt. no. 365].
Having reviewed both the ‘858 Patent, the terms of which have already been constructed, and the ‘516
Patent, the Court notes that there do not appear to be any new terms in the claims of the ‘516 Patent in need of construction. Therefore, at this time, the Court is not inclined to delay dispositive motions in this case in order to undergo more claim construction briefing and argument.
Finally, the Court notes that in its Response, CleanTech requests a status conference. The Court agrees that it would be wise to conduct a status conference at this time and, therefore, SETS this matter for status conference before Magistrate Judge Debra McVicker Lynch on August 1, 2012, at 1:30 p.m., in Room 270, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana.
New link Lincolnway Here
SkunK
Skunk,
ReplyDeleteYour last several documents do not have sharing turned on so no one is able to view them.
hahaha they are done.. sorry charlie glad they got what they deserve!!!!
ReplyDeleteWhat exactly is a "status conference"? Sorry.
ReplyDeleteMeans that GS would like to speak to judge concerning a hold host of matters and the judge will ask some questions also. In most cases, It usaully deals with the discovery procedures. Both sides will be present of course.
ReplyDeleteMy GOSH!!!!!!!!!!!
ReplyDeleteThe defendants won the ability to file an extra 10 pages on a motion!!!! SEL SELL SELL!!!
ALL IS LOST!! Imagine how important this is
That is 10 whole pages!!
I am nobody's twin brother
Nob-body
Nobody is Nobody's twin. Only one -- the original.
ReplyDeletesure we believe you
ReplyDeleteDoes the greenshift system work?
ReplyDeleteis lincolnway's de-oiled stream "substantially free of oil?
ReplyDeleteIf they make a profit they did not or could not otherwise earn, I'd say yes.
ReplyDeleteLooking at the 858 patent, why does the diagram in the patent it seems to show 2000 lbs of oil coming into the COES and 2000 lbs. coming off as corn oil. That is 100% removal or did I miss something. Is this what makes the COES the best system in the industry? Help please?
ReplyDeleteIt's like defendents gave up on invalidity claims. Lets say I invented a 100 mph engine running on cheese whiz. The speed has to get past 20 40 80 mph and everything in between before it gets 100. It runs on cheeze at all those speeds thats the invention. The infringers don't have the oil machines floored but they still practice the invention. You can't tell me my cheeze whiz patents only good if it drives 100 off the start all the time.
ReplyDeleteGee wiz about your cheese wiz.
ReplyDeleteWhen you think about it, the defendants new defense is that they are piss poor infringers.
ReplyDeleteGreenShift patented a process that can achieve high results and the defendants have not been able to copy it yet. So until they can get the same results they should be off the hook.
It is a well know patenting technique to leave one or two key items out of the published patent to keep infringers from using the published patent application as a blueprint for infringment. Those items are held back and protected.
Now the defendants are innocent because they cannot duplicate Greenshift's high results?
Hahahahahahaha Judge we are innocent because we are incompetent. Good defense.
Does anybody know what defenses failed or how many times they are switched? How many patents are there and how about pending? Whose settled this suit? How long can the rest hold out with the high price of corn there in the red ink daily.
ReplyDeleteLOL, good questions. None have failed because none have gone trial yet. From what I understand GS has 4 patents that relate to method 1 (858, 516, 517 and 037). One additional patent is pending but I’m not sure if it has anything to do with method 1 corn oil extraction. Only one of the original 14 plants named in the MDL has chosen to purchase a 12% royalty payment license because of change in ownership. Remember that only 14 plants are sharing the legal bill at this point. I have heard some talk that the other 100 or so plants that are extracting corn oil with a GS license might create and contribute to a legal fund to help out the 13 plant but that is only a rumor from what I tell. If true the legal battle could go on for years and years. You have to wonder how Greenshift can continue fight $$$$. They have their legal representation on 50K per month retainer, as skunk reported and the balance on contingency if they win. That cannot go on forever I would think.
ReplyDeletePatent fights can go on for a long time and appeals even longer.
Good Luck To All $$$
I think its like the judge said, while discussing 'usable oil', toward the end of the Markman hearing:
ReplyDeletethey dont do it to sit around and look at it;
they do it to make a profit.
In that context, if they remove enough to make a profit, after stealing the technology to do so,
I'd say that is [a] substantial [amount].
Pirates cover their tracks, pioneers are entitled to some slack, and I feel pretty darn good.
Your right...DW....ya he invented the centrifuge. I think Alfa might disagree.
ReplyDeleteDW put the original centrifuge patent in his prior art - from the 1800s.
ReplyDeleteJust to poke the dopes who think like you.
Multiple patent examiners have poured over GreenShifts multiple patents. They all agree that greenshift has patented a new unique process that deserves multiple United States Patents.
The corn ball lawyers for the dependents are a cross between Deliverence and an old hew-Haw remake. They are filing their crap between divorce court, probate and ambulance chasing.
With straw in mouth they say stuff like:
"Your right...DW....ya he invented the centrifuge." Yuk Yuk Yuk
No clue.
GreenShift's Lawyers are from one of the biggest and best patent law firms in the nation. They have covered the filing of the patents and they are working on a contingency. They are on contingincy because they intend to win.
GreenShift's law firm will not run out of money to pay themselves since the country is full of people willing to violate patent law to make a quick buck.
Yuk, Yuk
Thanks for the info of patents but your wrong. I read something about a prevost that fialed. I read more then one settled. Looking for solid numbers. Does anybody have a clue what's going on here? Tired of the misinformation. Many thanks.
ReplyDelete