Status Conference

September 18, 2014
See Here

SkunK

GERS Response

CleanTech is simply arguing that it is much more judicially efficient to add the ‘037 patent and ICM due to the Court’s history and experience with technical and legal issues involving the ‘037 patent. If the claims are not added to these lawsuits, they will only be refiled in new lawsuits that are likely to be joined with this MDL.

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SkunK

Production Ruling

Based on its review and representations made in the cover letters, the court determines that substantially all of the documents may be withheld from production because they are attorney-client privileged communications or because they do not fall within the scope of documents to be produced under the court’s June 30 Supplemental Order.

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SkunK

Request to Deny GERs' Motion

A decision on Defendants’ motion for summary judgment of invalidity of the ‘037 patent is pending before the Court. There is no cause for adding a patent that the Court will soon declare invalid.
See Here

Seal it for now  1

Seal it for now  2

Seal it for now  3

SkunK
PS  Is it just me - or is it "brash" to tell the court what the court is about to do?

2Q/A

This amendment is being filed in order to correct an error in Note 11 to the Consolidated Financial Statements.

See Here page 20:

2Q Was:
The Company is party to employment agreements with Kevin Kreisler, formerly the Company’s Chairman, . .

2Q/A Now:
The Company is party to employment agreements with Kevin Kreisler, the Company’s Chairman who was formerly its Chief Executive Officer, . .

SkunK

PS Might be more corrections, but I noticed this one.

2Q

Gross profit for the three months ended June 30, 2014 was about $2.5 million as compared to about $2.3 million from the second quarter of 2013.

Net income for three months ended June 30, 2014 was about $2.8 million (Net Income = Bottom Line) as compared to net loss of about $0.7 million for the three months ended June 30, 2013.

Net income (loss) per share – basic last three months $0.06  last six months $0.12

See Here

SkunK

Law to Add ICM

Similarly, the determination of WNYE’s direct infringement is a necessary predicate to finding ICM liable for indirect infringement. ICM is already a party in this MDL and is indemnifying a number of the ethanol plants named as WNYE in this MDL. Accordingly, ICM will not be prejudiced by being added to the Complaint against WNYE because it is already heavily involved in a number of the associated cases in this matter and shares the same litigation counsel representing WNYE.

CleanTech respectfully requests that the Court allow the proposed amendment because there is no reason to deny the requested amendment.

See Here

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40. Defendants infringe and will continue to infringe one or more of the claims of the ‘516 patent, by, among other activities, practicing the claimed methods and/or processes, and/or by knowingly and actively inducing others to infringe, and/or by contributing to the infringement of others.
41. Defendants’ infringement, contributory infringement and/or inducement to infringe has injured GS CleanTech, and GS CleanTech is entitled to recover damages adequate to compensate it for such infringement.
42. Defendants’ infringement, contributory infringement and/or inducement to infringe has been willful, deliberate, and objectively reckless.
43. Defendants’ infringing activities have injured and will continue to injure GS CleanTech, unless and until this Court enters an injunction prohibiting further infringement and, specifically, enjoining further manufacture, use, sale, importation, and/or offer for sale of products or practice of any methods and/or processes that come within the scope of the claims of the ‘516 patent.

Exhibit A HERE

SkunK

Lets Not Leave out ICM

Through recent depositions, CleanTech has confirmed that ICM was pivotal to the implementation of WNYE’s accused oil separation system. More particularly, ICM installed and optimized the accused system and provided training and documents on the operation of the system (id. at 54:14-57:10). Further, ICM has indemnified WNYE against the infringement claims of the patents-in-suit. (Deposition of WNYE Controller Timothy Winters 14:4-16:6).3

Because a claim for indirect infringement requires an act of direct infringement, Limelight Networks, Inc. v. Akamai Tech., Inc., 134 S. Ct. 2111, 2117 (2014), it is practical and efficient to decide ICM’s liability at the same time as WNYE’s.

See Here

SkunK

Scrivener's Air Or

Sea Hear

an' hair

sKUNk