Wednesday, August 28, 2013

So Ordered






See HERE

SkunK

I saw one sentence in there that has a colon, a semi-colon, three comas and some bullet numbers.  One sentence.  That race car covered some ground, but not sure exactly where it is going.  That's why I picked "other words" above . . .

14 comments:

  1. Federal Circuit raises the bar
    for inequitable conduct defense

    Like the proverbial child caught stealing cookies
    from the jar, patent infringement defendants
    sometimes try to squirm out of the tough situation
    at hand by accusing their accusers. Many charge
    that a court should render the patent in question
    unenforceable because of wrongful conduct by the
    patentee during prosecution — a tactic the U.S.
    Court of Appeals for the Federal Circuit described
    as a “plague” in its 2011 Therasense, Inc. v. Becton,
    Dickinson and Co. decision.

    In that case, the court significantly weakened the
    so-called inequitable conduct defense by establishing
    a heightened standard. More recently, in
    1st Media, LLC v. Electronic Arts, Inc., the Federal
    Circuit raised the bar yet again for defendants trying
    to meet the Therasense standard based on the
    mere nondisclosure of information to the U.S. Patent
    and Trademark Office (PTO).

    The inequitable conduct defense requires the accused
    infringer to prove with clear and convincing evidence
    that the patentee misrepresented or omitted
    material information with the specific intent to
    deceive the PTO. The accused infringer must prove
    that the applicant:
    n Knew of the reference,
    n Recognized that it was material, and
    n Made a deliberate decision to withhold it.

    Because Electronic Arts failed to establish
    intent, the Federal Circuit didn’t even address
    whether the references were material.

    Potential showstopper
    Raised bar, heightened standard, additional
    hurdles — these are but a few of the terms that fit
    the situation. Ultimately, the Federal Circuit clarified
    in 1st Media that defendants that can’t offer “smoking
    gun” evidence of a patentee’s intent to deceive
    the PTO can expect little to no success in court.

    http://www.cantorcolburn.com/media/site_files/180_April%20May%202013%20newsletter.pdf

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  2. Process YES! Justice MAYBE, in "a while".

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  3. One of the problems with this plea to convince the Court that because of the infringement they are suffering financial deprivation is its impact on any awarded damages.

    In other venues Slash is purporting damages to exceed $500 million. This estimate is based on the 20% royalty that the company has now publicly refuted and (a much lower level) will be used to calculate damages when/if they are awarded. Very recently Slash used this flawed estimate of royalty to calculate the expected revenue for GERS based on increasing production by its licensees. So, sorry Slash, estimates are way off, again, on both accounts.

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  4. n0b0dy still on board trying to learn to trade, dont read book stoopid rednek. come to my klass ill teach oyu how trade securities, you are bad and wife left becaz poor

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  5. slash is bullying me over at I-hub....shrill like a girl..
    glta

    500 million tradable public shares is the target...4 dollar stock minimally

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  6. oops I meant nobody 123789...sorry slash

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  7. 500 million shares, $4 dollars a share, P/E of say 15. That would mean a minimum of 25 cents a share annual earnings or $125 million per year earnings. With their (reported margin) being 30% that would mean $178 million a year in revenue. With their royalty of about 10% (at best) that would mean $1.8 BILLION in corn oil revenue for their small stable of clients. You drinking the same beverage as Slash? I suspect you dug deep to buy all all those "cheap" shares yesterday -- but that dizzying event should not distort your ability to calculate. You are after all the Tech meister.

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  8. By the way pointing, out analytical flaws in hopes and dreams is not what you call "bullying". Let's make sure that we define our terms.

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  9. How High Will Oil Prices Go?

    Thank God for companies like GERS, GPRE, BIOF, ANDE, etc. fighting for our freedom from foreign oil.

    Crude Oil (WTI) USD/bbl. $109.92 +0.91 +0.83%
    Crude Oil (Brent) USD/bbl. $116.38 +2.02 +1.77%
    RBOB Gasoline USd/gal. $308.58 +5.17 +1.70%
    NYMEX Heating Oil USd/gal. $320.08 +3.99 +1.26%
    CBOT Soybean Oil USd/lb. $44.78 +0.26 +0.58%

    So much for "big oil's" BS about corn raising the price of fuel and food right?

    CBOT Corn USd/bu. $480.75 -5.50 -1.13%

    http://www.foxbusiness.com/markets/2013/08/27/oil-prices-rally-as-syria-tensions-heat-up/

    Good Luck To All!$!$!$!$!$!$

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  10. Sideways trading, today waiting for the next bolus of dilution shares to drop lower.

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  11. Sounds like the court is growing tired of the defendants delaying tactics.

    "The court does not wish to delay summary judgment briefing pending the resolution of those discovery issues..."

    The preemptive strike to surgically remove their excuse for another delay has pushed forward this motion for SJ.

    "..if it proves necessary to do so."

    Sounds like the court considers the inequitable conduct claim a waste of time. Pushing it aside and casting doubt on the need to even schedule a briefing for it.

    This mimics the voice of the U.S.
    Court of Appeals for the Federal Circuit when they described
    this inequitable conduct tactic as a “plague” adding defendants can expect little to no success in court.

    Good Luck To All!$!$!$!$!$

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  12. the math nobody provides is flawed because some off it's presumptions are false.

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  13. Challenge them with objective information, just don't flap your gums because you do not like the conclusion! What has not been in evidence here for a long term is any critical thought, mostly hymns by the Hallelujah Chorus.

    The only assumption in the above outside of Tech's dream scenario is the P/E; and that can certainly be played with as a form of sensitivity analysis. So stop flapping and start thinking.

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  14. Guardian Energy's Motion to Stay DENIED!$!$!$!$!$
    A stay is NOT WARRANTED!$!$!$!$!$
    The September 5, 2013 hearing on Defendant’s Motion to Stay is CANCELLED!$!$!$!$!$

    UNITED STATES DISTRICT COURT
    DISTRICT OF MINNESOTA
    GS CleanTech Corporation,
    Plaintiff,
    v. Civil No. 13-1387 (JNE/SER)
    ORDER
    Guardian Energy, LLC,
    Defendant.
    This case is before the Court on Defendant’s Motion to Stay. The Court has considered the arguments presented by counsel in their written submissions and concludes that a stay is not warranted. The motion is DENIED without prejudice. The September 5, 2013 hearing on Defendant’s Motion to Stay [Docket No. 9] is cancelled.
    IT IS SO ORDERED.
    Dated: August 28, 2013
    s/ Joan N. Ericksen
    JOAN N. ERICKSEN
    United States District Judge

    Best $.99 I Ever Spent!$!$!$!$!$!$
    Good Luck To All!$!$!$!$!$!$!$

    ReplyDelete