UP Date

Defendants' Motion to Compel

Minor GERS Extension HERE

Defendant Seal Approval Here

SkunK

Tiny Ord . . .

Tiny Order HERE

SkunK

Arguments

Much of the‘037 Defendants’ motion rests upon a mistake of a basic principle of patent law. 

What the ‘037 Defendants claim are “false statements” are derived from their misapprehension of this basic aspect of the law regarding Section 102(e).

 

See Here

GERS Extension HERE

List of Evidence Here

"In support of this motion, CleanTech states that the undisputed facts demonstrate that Defendant’s process falls within the asserted claims. It cannot be disputed . . ."

See here

SkunK

An Omen?

Edward Carroll was just promoted to CEO.  The last time Edward Carroll was promoted - he was promoted to President.  Financing was announced very shortly thereafter.  Not saying something big is going happen this time.  Not saying it is not.

See Here


Dec 15 2008 Mr. Carroll promoted Here

Dec 16 2008 Deal announced with GE Affiliate Here

SkunK

We Were Wrong, but . . .

AI says they didn't know that the veteran defendants use additives.  Even though it is common in the industry to use additives and that is the business they are in.  They now admit they were mistaken. 

Is it reasonable to assume they have been telling their own customers and potential customers that the defendants in this lawsuit did not use additives?   After all, they claim to have believed that and why not tell your customers what you believe? 

Is it also reasonable to assume that they used this mistaken information to move product?  "Use our additives and protect yourself from GreenShift royalties and its patent lawsuit?"

Is it also reasonable to at least explore the possibility that AI's argument and subsequent withdrawal was a good way to establish ignorance of the veteran defendant's use of additives as a matter of record? 

Imagine the litigation potential from AI's customer base if AI had suggested that the use of additives protected customers from GreenShift royalties and subsequent patent litigation?  As discovery expands to the AI customer base, and the AI customer base is also (potentially) included in this litigation, establishing AI ignorance now, of the use of additives by the veteran defendants, potentially helps AI thwart (or lessen) litigation by their own customers against AI in the future.

See Here

 
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Uuppddaattee

Sent it to the USPTO  HERE

GERS' Answer to AI

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Compel an Answer

Defendants wish to compel a responsive answer.

See Here

and seal request HERE

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Order

Order to fix it

SEE HERE

and

Seal it Here
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Got an Additive?

Got a special Additive?  So does everyone else.  See Here

An Order Here

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Consideration

See Here
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Defendant Corrections

Defendant's Corrected copy corrections HERE

and

GERS REPY to AI Here

and

SEAL Policy Here

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Defendant's Reply to the Ink Mystery

See Here
SkunK