Litigation Update

Add '037 Western New York

Add '037 Little Sioux

Add '037 Southwest Iowa

AI answer to 1st Amended Complaint

AI answer filed with Patent Office

SkunK

Orders 2-1

Order on Motion to Compel by ‘037 Defendants (Master Dkt. 975) 

These matters are before the court on a motion by defendants that have been accused of infringing the ‘037 patent to compel attorney Peter Hagerty to answer certain questions relating to the prosecution of the ‘037 patent before the United States Patent and Trademark Office.1 Mr. Hagerty refused to answer generally on work product grounds. For the reasons discussed below, the court DENIES the defendants’ motion.

For the foregoing reasons, the ‘037 Defendants’ Motion to Compel (Master Dkt. 975) is DENIED.

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The recent Supreme Court decision in Daimler AG reaffirmed that simply "doing business" in a state is not enough to confer general jurisdiction over a party.

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 GRANTS GS CleanTech’s motion. The Scheduling Order for the Old Tag-Along (MDN 1131) is hereby amended as follows:

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SkunK

Pure Bluster

Finally, Guardian’s argument that the ‘037 patent is invalid under 35 U.S.C. § 102(e)(Opposition, p. 5) is pure bluster and should not be considered by the Court as a basis for denying the motion to amend. CleanTech has addressed this issue in detail in MDL # MDN 1160. Under the correct application of § 102(e), the relevant portion of the ‘858 patent specification does not qualify as § 102(e) prior art against the ‘037 patent. The PTO has already come to the same conclusion during the prosecution of an application related to the ‘037 patent.
Therefore, the ‘037 patent cannot be invalidated under § 102(e) in view of the ‘858 patent.

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SkunK

Reason for GERS Sealed
AFKI and AI

Lignin

Lignin Recovery

Lignin is an integral part of all lignocellulosic material. It serves as a structural component and plays a significant roll in the transfer of water in plants. Lignin is a biopolymer containing aromatic phenoxy-groups, aliphatic carboxy-groups and aliphatic alcohols, and if recovered and purified, lignin can be adapted to many functional chemistries.

Today, a significant amount of lignin can be found within a byproduct stream of pulp and paper mills known as black liquor. Black Liquor is a byproduct of the pulp and paper process that is generally concentrated in multi-effect evaporation and then burned for energy. GreenShift estimates that more than 50 million tons of lignin is burned each year at pulp and paper mills worldwide.

Furthermore, should the United States reach its lignocellulosic ethanol goal of 16 billion gallons per year, this industry would product a byproduct stream containing more than 100 million tons per year of lignin that most expect will also be burned for energy production.

GreenShift believes that if efficiently recovered and purified, lignin’s value would far exceed that of boiler fuels. As such, GreenShift has invested in and continues to invest in the development of cost effective extraction and purification process technologies that can be adopted by pulp and paper manufacturing facilities as well as lignocellulosic ethanol facilities.

Furthermore, GreenShift is investing in and developing high value applications for lignin. Many of the products being developed by GreenShift from lignin are direct replacements for petroleum derived products; thereby further reducing global dependence on oil, creating significant sources of income and improving the environment.

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SkunK

Short Order

For the foregoing reasons, the court GRANTS in PART and DENIES in PART

CleanTech’s motion to quash the subpoena (Dkt. 5) to Michael Rye. Mr. Rye’s
deposition may not be taken by the defendants unless, after they depose Mr.
O’Brien, a strong showing of the need for Mr. Rye’s testimony is demonstrated as
addressed above.

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SkunK

30 Page Order

By permitting its trial counsel to play a direct role in disclosures to the PTO, CleanTech risked exposing its litigators to discovery regarding those disclosures.

 

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SkunK

 

Defendant Reply Brief

Thus, the Court, as well as the parties and persons of skill in the art, are left "at sea without a reliable compass" . . .

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VG Reply

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