recovery rate. Defendants’ arguments are strained, to say the least. First, Defendants do not
argue that any of the claims expressly claim a recovery rate. Second, “Defendants do not dispute
that the Claim Construction Order does not specify an ‘oil recovery rate.’” (Joint Reply, p. 3 ¶ 3)
Third, Defendants violate a cardinal rule of claim construction by importing a limitation that
appears in the specification into the claims."See Here
SkunK
47 comments:
Wow how well constructed and fought by our law team. Really savvy work. I can see why they have a great reputation. This was a good read
Nycdream
Absolutely. It seems long being 26 pages, but it's definitely worth reading every word.
GreenShift's legal team are impressive. I love how they not only site other case study rulings that solidly confirm their legal opinions as law, but they nailed every single argument the defendants have made, by citing how every argument has individually already been denied by the same panel of judges.
These defendants' lawyers seem to think the judges are either really dumb, or have incredibly short term memory. Luckily, GS's legal team cites enough specific details of previous rulings that there's no possibility of forgetting... ON TOP of going into detail on each of GreenShift's arguments just so they can't be taken out of context any further than the defendants' lawyers have already previously failed at trying.
I am 100% confident in this litigation being ruled in GreenShift's favor. Just a matter of when.
I see no reason why the judges wouldn't grant GreenShift's motion for Summary Judgement. Their arguments are solid, factually based, and have been verified by the U.S. Patent and Trademark office.
Before this disclosure of the David Winsness testimony, I was really curious as to what he had said that caused them to go into a Tizzy!! It was his refution of their argument that "95%" was "established" by the Test Findings reported by pointing out the Oil in "Input" influenced the output. So, 95% was not a stable finding, but just one sample test outcome that could vary. So his testimony previouisly was truthful and accurate! They Lose! Simple as that! They used Strawmen and putting (false) words into the real testimony. I suspect they are "Progressives"! LOL DHOLE MOO
Previously. (Don't want Nobody calling me a BOZO, or QED...!)
DoI really have to hold the pacifiers here?
Q.E.D. is NOT a person or a thing. Any educated being knows that it stands for "quod erat demonstrandum", meaning I have proved my point. By your response I can only say a Bozo has self identified. Q.E.D.
Regardless of all the hooplah, Winsness and Cantrell began by trying to sell equipment (which is Winsness' background) and then decided they may get a patent and royalties (or as Winsness would say, annuity). They made an offer for sale of equipment over a year before they realized the patent potential and violated patent law guideline requirements.
All the other stuff is just fogging the picture and not important. The question is how a jury will view the equipment sales proposal Cantrell made. This is where the defendant's hats hang. In the meantime, they are also fogging the nature of the lawsuit with mid-range arguements driving up costs to GERS.
Yes they are running up the cost to GreenShift. They are pooling their money on an 18 to 1 litigation finance dilution of defendants versus GreenShift. Then the appeal will come before any money changes hands.
Let us not get too uppity and lose more money than we already lost in this company. Dilution will continue. This is KK's mode of operation just waiting for the right moment to draw more money out of the stock after confidence is somewhat regained. Think about how many shares are allowed versus how many have been exercised and past history. Look back at how every time the stock has an upward glimmer, it is cosistently beaten down by dilution. IT WILL BE MILKED AGAIN LIKE A GOOD COW.
I am a GERS Investor (not now buying). GLTA
desperate dipchit^
You chit has no destination other than your mouth. Keep it there or go from butt to mouth.
the patents are not for "equipment." they cover a "process."
the cantrell offer never mentions whole stillage, a moisture % or a heat range.
the ustpo distinguished all prior art and that action is presumed correct.
following summary judgment, an injunction, and an appeal bond, could be very expensive for the defendants. without corn oil they could shut down or go under adding to icms overall expense.
this could be for ALL the marbles.
Oh you mean the documents where they wrote test and testing everywhere. Testing phase not for sale.
You sound bitter like you sold before the little run before. Sorry GERS investor nice try
A very little run to be fair. What will Monday bring? Stay tuned. Bets?
How many think the climb north will continue on Monday? How many think that profit taking will occur? How many think that gains will be consolidated? Perhaps, most importunately how many think that KK will sell into this little gain to generate more money to pay their bills?
fyi "gers investor" is just a nobody
true^^
doesnt that surreply means its ripe for a decision .... any day now?
How many think nobody can spell importantly?
importunately hahaha what a dipchit
one
two
three strikes your out
defendants
lose
the game
http://www.youtube.com/watch?v=i7OyKAFu50M
Finally,
someone with a fifth grade education -- who can spell importantly. Congrats.
GERS clientele and stock owners are increasing their virtues.
Nobody walks into a bar with a parrot on his shoulder. The bird is filthy, with feathers missing, a crooked beak, only 1 leg, and a fungus growing on its body. The bartender says "Where did you find that grotesque creature?" The bird answers "I got tired of flying and landed on it's shoulder."
Guy walks into a Bar and yells out "Nobody is an Asshole!"
Everyone nods their head in agreement except one guy in the back who stands up and yells back "Sir, I am deeply offended by your remark!"
Everyone turns their heads to the back of the bar and asks in unison. "Why are you offended? Are YOU NOBODY?"
The Guy says: "No, I am an Asshole!"
Nobody walks into a bar and shouts at the bartender "Give me a drink Bozo!" The bartender starts pouring a drink when Nobody starts rapidly firing questions at him. "Is that glass clean? You know we could all get sick from dirty glasses. How old is that alcohol? How many ounces is that? Did you wash your hands before you poured that?"
The bartender, not wanting to put up with him any longer, hands him the drink and tells Nobody to take it over to an empty table. Nobody says "I bring nothing to the table!"
So true, so true!
Nobody walks into a bar.
Nobody immediately gets his ass kicked into the alley.
Crowd cheers. Bar owner buys a round.
Life goes on.
Nobody walks into a bar, looking really moody and orders immediately a double-whiskey. Then he starts rambling on about how lousy a wife he's got, until the bartender finally says: "You know, I don't understand what you're complaining about. All the other guys in here only have compliments about your wife."
Nobody walks into a bar. Bartender asks, "how's it going?"
Okay, I guess. Holding my own.
"That's good." replied the bartender. "You'd get arrested if you held someone else’s."
Nobody agrees to take his wife to the pub. They sit down at a table and the husband gets up and goes to get drinks for him and his wife.
While he was gone a man walks up to his wife and tells her he wants to turn her upside down fill her with beer and drink her dry. His wife exclaims, "you sick pervert get out of my sight."
Nobody returned and his wife told him what happened and to go kick that guy's ass.
Nobody said, "No way you don't mess with a guy who can drink that much beer".
Nobody gets up from the bar and heads for the bathroom. A few minutes later, a loud, blood-curdling scream is heard coming from the bathroom. A few minutes after that, another loud scream echo's through the bar.
The bartender goes into the bathroom to investigate what the drunk is screaming about. What's all the screaming about in there? You're scaring my customers!"
Nobody responds, "I'm just sitting here on the toilet and every time I try to flush, something comes up and squeezes the hell out of my balls."
The bartender opens the door and looks in. You idiot! You're sitting on the mop bucket!
Man who makes nobody jokes is a loser because he has nothing better to do on a Saturday then make stupid jokes and play with himself and I have no love for nobody but your a loser. Get laid or a life. Naaaah you 'll just make stupid jokes all night loser
Anony 5:59,
Please don't abuse my pets. They are such fun.
I'd rather listen to you repeat yourself a million times than that tool and thats the total truth
nobody playing with himself 559 612
Totaltruth,
Have you been reincarnated?
Why is my addressing/confronting the many hysterical delusions here any different than the repetition of those delusions in the first place? I know the answer -- the latter is consistent with your belief system. The nature of what you call repetitions is truly in the mind of the beholder. Therefore, your accusations are a badge of honor -- acknowledging the defense of the true faith -- that of truth, justice and the American way. Thank you.
dipchit^
the fidderence is ...
"To escape this inconvenient truth, Defendants state that the claims require a particular
recovery rate. Defendants’ arguments are strained, to say the least. First, Defendants do not
argue that any of the claims expressly claim a recovery rate. Second, “Defendants do not dispute
that the Claim Construction Order does not specify an ‘oil recovery rate.’” (Joint Reply, p. 3 ¶ 3)
T
hird, Defendants violate a cardinal rule of claim construction by importing a limitation that
appears in the specification into the claims."
defendants hopes an wishes are doomed
My G'd they can copy and paste. The disciples are progressing.
not importunate^
just saw nobodys mom at the local whore house, paid her in GERS shares
looks like the knuckeldraggers are back in force. What happened to your American education system?
dipchit donkey boy HEE HAW^
HAHAHAHAHA^^
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