Thursday, August 8, 2013

We Were Just An ICM Customer . . .

Western NY claims judicial economy would be served if we wait and see what happens at the MDL.

See Here

and Here

SkunK

16 comments:

Anonymous said...

I believe this is exactly what GERS expected to occure in these new litigations they've filed. My bet is all will be stayed until the MDL is decided.

Thus concern over excessive monitary outlays by GERS to start these new litigation fronts are unconcerning. A few hundred dollars to file is all they will spend and now they'll be lined up for when GS prevails in the MDL all these suits will be settled and these parties will sign with GERS.

GLTA


Anonymous said...

Interesting quote from this filing, perhaps explaining why GERS is suing the little guys instead of going after Valero, POET, ADM, and others. Is GERS a bully or a patent troll trying to get rich from its investors?
"This rule, known as the customer suit exception, recognizes that it is more efficient for the dispute to be settled directly between the parties in interest. It also acknowledges that a patentee's election to sue customers, rather than the manufacturer itself, is often based on a desire to intimidate smaller businesses."

Anonymous said...

You are exactly right. GERS decided to file NOW for three reasons.

First of all they are winning the case. That is obvious to the unbiased observer. If they did not think that they were soon to prevail they would not have invested the TIME and the small amount of MONEY.

Second, the timing is such that these will be stayed and settled upon a win. If they do not settle the judge will use the other case to settle in GERS favor after a few motions.

Third, ICM is doing this infringement defense (like everything else) on the cheap. As a result, this GERS move is timed so that it puts extreme hardship on the defense legal counsel during the climax of the case. Their defense shut down when lead counsel took a weeks vacation. Not a deep bench. This puts the back benchers making decisions on the fly. Sure to lead to defense mistaaakes and a weaker overall position.

ICM was on their heels almost the whole case. Now they are throwing up half court shots (like the writ), while GERS is consistently making layups.

Stick a fork in ICM. Soon to be Greenshift/ICM?

Anonymous said...

"This rule, known as the customer suit exception, recognizes that it is more efficient for the dispute to be settled directly between the parties in interest.

You might have a point if GERS had not sued ICM and Dave VG and their suppliers FIRST! ICM and their string of customers are the ones who bought the Greenshift units , copied them and then resold them.

Try doing that to a Weber Grill. The manufacture and every store who sells your "new" VVeber Grill would be sued in a heartbeat.

Anonymous said...

Where's Icm? Where's the free defense? They back out?

Anonymous said...

What a bunch of BS the customer excuse is. They didn't sue the manufacturer for a centrifuge. They sued for inducing others to use it in the method. The suit is over the method WNY is using not a hunk of metal?

Anonymous said...

There's nothing like seeing GERS drag infringers to court. watching them kick, scream squirm I LOVE IT!!!

Anonymous said...

This is exactly why ICM refuses to provide greenshift with discovery documents of whom they sold systems to. But soon they'll be sactioned and will have no choice.

Anonymous said...

SLAP DAT ASK BOYEEE!!!!!!!

Anonymous said...

This runs up if dilution stopped.

Ethanol producer #9 said...

Just a heads up. I've laid the ground work for a class action lawsuit against ICM on behalf of shareholders here.
A win in the MDL is needed and at that point I'll exchange emails with those interested in joining.

Anonymous said...

it stopped goin down..someone always knows sompin

nobody123789 said...

Do you have any idea how many times people have posted that about GERS? Yet, the PPS has fallen 99.99999% in the last eight years. Oh, I know times they are a different. Do you know haw many times that has been posted?

Anonymous said...

Yes I m in
Nycdream

Anonymous said...

n0b0dy waste of life go away and butn bobsaucker

LIL JON said...

A #9 I'm in HIT ME UP @ jon@hotmail.com _____LIL JON

 
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