Friday, October 14, 2016

Appeal 16-2231

Thanks to "Nobody" on the last post comments for the lead on this appeal.  It appears to be an appeal by Adkins Energy.

NOTICE OF APPEAL
Adkins Energy, LLC appeals to the United States Court of Appeals for the Federal Circuit from the final judgment entered May 23, 2016 and from all adverse orders and rulings subsumed in that judgment, including but not limited to the orders denying Adkins’s claims for recovery of damages for payments made to satisfy liens for which Adkins received an assignment and denying Adkins’s claim for damages and/or injunctive relief based on CleanTech’s breach of an oral contract not to sue Adkins.

See Here

SkunK

14 comments:

nobody123789 said...

Thank you for obtaining clarification. There is only a limited amount of information that we can obtain from the Federal Circuit clerk. As noted earlier this was deactivated on June 21, 2016, whatever deactivated means. This leaves open the very serious question about the time limit window for the appeal. According to the Federal Circuit rules it appears to a novice (me) that the time limit without a granted extension is 30 days from September 16, 2016. If that date falls on a weekend (which it does this weekend) perhaps the following Monday (17th) is the last date to file? If the filing occurs then when would it be available on Pacer?

nobody123789 said...

On of the several important facts here (note date of article)http://pinksheetpress.com/2016/06/13/the-u-s-patent-and-trademark-office-issues-greenshift-corp-otcmktsgers-with-notices-of-allowances-on-its-three-patents/

nobody123789 said...

Information gleaned from the Adkins appeal case# 16-2331 to the same court (Federal Circuit) that the GERS appeal would go: Final judgement May 20, 2016, appeal filed June 21, 2016; 32 days later.

GERS final judgement September 15, 2016. Thirty-two days later would be October 17. Assuming that Adkins used the entire time period allowed to file the appeal it is a safe assumption that whatever rules applied to Adkins apply to the GERS appeal. It looks as if the appeal was due yesterday. It might take a day or so to be registered in PACER. Therefore, the Skunk should have something later this week; if the appeal was timely based on these data and assumptions. Another assumption is that the Skunk posts the appeal as soon as it is available on Pacer.

nobody123789 said...

If the date of final judgement was September 15,and if they have 30+- days to file the appeal that window has closed. Either C&C is stupid and incompetent, which I doubt, or KK has knowingly provided false information to shareholders in the latest SEC filings, which seems very unwise, or there are important events and information that we know nothing about -- the most logical explanation.

nobody123789 said...

To add further confusion, Judge Larry McKinney refused to allow evidence/testimony directly from the USPTO which would have refuted his entire legal and logical arguments that were the basis of his decision (October 2014). Then upon further adjudication (just released September 2016) the judge accuses C&C of "inequitable and deceitful conduct". I suspect that C&C went apoplectic -- APE XXXX -- over all of this.

Anonymous said...

You really can't think that they messed up and didn't do what they were supposed to do this far along do you???

Have some faith, Kevy being an attorney and CC, one of the best in the business, are without a doubt on top of it. Without revenue from licensing or a settlement, CC does not stand a chance to get paid. And they have a lot of time and effort invested here.

On appeal, the appeals judge will see thru the McKinney decision and reverse the decision based upon the USTPO information alone. He has had a lot of decisions reversed! And that is even if it gets to that point. The defendants may have already realized this and there could be a settlement in the works. Remember that ICM has indemnified all their clients so there may be some pressure on them to settle... A reversal with treble punitive damages could wipe them out as an entity

nobody123789 said...

As I said something is going on that we do not understand or know about.

nobody123789 said...

By the way, I have no faith at all in KK, "Kevy" as you call him. The play here is clearly the appeal and the short term implications for the PPS that would bring -- which could be significant. Also, it will not be a judge, but a panel of judges that will hear the appeal. I have also learned that once oral arguments are scheduled the Federal Circuit Court is loathe to reschedule them. Although there are only 15 minutes allotted to each side (unless the judges want to probe further and extend the oral argument time) much can be learned from the questions, body language, even direct statements of the judges during the oral argument hearing. Since I can count on the hearing taking place when scheduled I intend to be in the audience; with my Scottrade account loaded and ready to commit further IF the "tea leaves" are right.

Anonymous said...

Hey Kevy, another update would be nice for your shareholders. You know, the group of people that has allowed you to keep this thing going!

nobody123789 said...

I am pretty sure that this is not going to happen. We must use our own devices to obtain information now.

nobody123789 said...

Zero BID again. What does that make it this time; three or four times? Is it down for the count (until the next R/S) or will it resurrect itself again? Very curious MM/trading behavior this time around.

nobody123789 said...

We are contacting the Clerk of the Federal Circuit Court to confirm the following:

In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.
https://www.law.cornell.edu/rules/frap/rule_4

And there appears to be few to no exceptions:
http://apps.americanbar.org/litigation/committees/appellate/articles/111810-notice-appeal-mandatory.html

It appears that the first filing for appeal is with the district court. Skunk, would you have access to that event if it occurred?

nobody123789 said...

Appeal clock has NOT started ticking. We are still in district court. Last motion to amend or correct judgement was filed October 11. When a judgement or order comes out pertaining to that motion, that is when the 30 day deadline begins.

nobody123789 said...

If you read the master docket (1-10-ml-2181 docket report for past year.pdf) of this case you will find a condensed statement of Judge McKinney's reasoning for invalidating GERS' patents -- " ... the patents-in-suit are unenforceable because the inventors and their lawyers committed inequitable conduct." This statement boils down scores of other pages that contain the totality of his legal reasoning.

It is hard to reconcile this reasoning with the USPTO's position that the disputed document(s) were NOT material to the patent evaluation when the USPTO reconsidered the patent applications and re-awarded the patents with the disputed document(s) included in the consideration.

It is also hard to reconcile this reasoning with the highly regarded reputation of C&C who has acknowledged that they knew of these document(s) and are accused of misleading the USPTO and the Court! I suspect that C&C recognized that the document(s) referenced bench testing and had nothing to do with the sale-bar restriction; a position which the USPTO later validated.

In other words, if there was no inequitable conduct (I would accept the opinions of two different experts -- USPTO and C&C) the conclusion that the patents were invalid probably falls as well. We now know that C&C strongly believes this contention as they have waived more than $8 million in fees for a contingency fee that is zero if the appeal fails.

I want to make clear that I am not saying that KK will lead the sheep to the promise land. Experience indicates that this is a low probability. But events seem to be shaping up that may gain much notoriety (a sub penny stock with court awarded damages in the hundreds of millions of dollars) that will give the sheep the appearance/mirage that there are truly greener pastures ahead. I am fairly sure that even KK will not be able to discourage the short-term greed that will follow.

 
Free Blog CounterTamron