. . , "Appellees seek an order continuing the stay" . . . [while GERS] . . . "request[s] a briefing scheduling on the appeal."
. . , "Cantor Colburn, that resolved all claims of Defendants, including Defendants’ claims for attorneys’ fees and costs, against Cantor Colburn. Plaintiffs/Appellants are not parties to this agreement."
"Thus, there is simply no basis for this appellate court to prevent Appellants from going forward with their appeal."
See Here
SkunK
PS
Counsel for Plaintiffs-Appellants
GS Cleantech Corporation and Greenshift Corporation
On behalf of GS CleanTech Corporation and Greenshift Corp.
Steven B. Pokotilow
Binni N. Shah
Wesley A. Horner
Stephen Underwood
STROOCK & STROOCK & LAVAN LLP
Michael J. Rye
Charles F. O’Brien
Chad A. Dever
Michele C. Perino
CANTOR COLBURN LLP
James P. Strenski
CANTRELL STRENSKI &
MEHRINGER, LLP
Thursday, February 15, 2018
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8 comments:
More waiting, excitement tempered. Slash, I think the "reading of the tea leaves" was encouraging but far from accurate. We are right where we were two years ago. Set you calendar for 6/18/18...
Ask @ 15
To Clarify, June is a requested date by defendants...
Appellants, GERS, have requested the stay to be lifted and the appeal to begin immediately.
Appellees, ICM, have requested the stay to remain in place until June 15.
So we await the ruling...
We're also waiting on a ruling, from Judge Pallmeyer, on the motion for reconsideration in the N.D. Of Ill.
Good Luck To All!$!$
I'm Pleased With The Decision To Appeal...
A successful appeal will not only be transparent, it takes care of the "other infringers" issue. For example, if ICM and GERS settled, what would that mean for an infringing company in say Iowa, not currently being sued? A successful appeal will reestablish the validity of the patents, putting the entire industry on notice.
Additionally, if a settlement of X amount of dollars was reached, without admitting guilt or acknowledging the validity of the patents, past and future royalty's would be at jeopardy.
I must admit, I was hoping for a better buying opportunity. I was counting on more newbies not understanding we actually preferred an appeal over a watered-down settlement.
I watched a recent episode of Shark Tank which made me think of GERS. The inventors were questioned by shark Lori as to why a patent was invalidated on summary judgment. They responded with something along the lines of "that's what happens when you get a local judge that's used to domestic disputes and murderers in his court room. These judges don't understand the complexity of patent laws." He continued, "our lawyer is now working on contingency and we are excited to appeal before the panel of 3 judge's who are uniquely qualified and versed in patent law." Shark Lori agreed, nodding her head up and down.
Or in KK's words..."We believe that each ruling was based on a misunderstanding of patent law that will be reversed. The United States Court of Appeals for the Federal Circuit ("the Federal Circuit") is the appeals court for all patent cases, and it is uniquely qualified to address the nuances of patent law that are the subject of this case. CleanTech and its attorneys continue to believe strongly in our case, and we look forward to vindication on appeal."
Good Luck To All!$!$
If this is not a ploy to get a settlement then another positive aspect of the appeal is that we will know the amount of award, if any punitive damages are assessed, and all of the other legal findings of the judicial panel, including their adjudication of the validity of the patents. The curtain of silence may not be lifted to learn the settlement details, but no one can hide the details of the Court's ruling from PACER.
As I said most will not learn of this outcome for nearly a year; if there is no settlement. However, if we get to the stage of oral arguments we intend to be present with a large order loaded to be executed from the front steps of the Federal Circuit court house.
https://www.google.com/search?q=federal+circuit+court+of+appeals+pictures&client=firefox-b-1&tbm=isch&source=iu&ictx=1&fir=5ol8pqfFXz1j1M%253A%252CmY-2SqTT72BldM%252C_&usg=__7fKeyIq0hALPMpBpApzPIjfaNdQ%3D&sa=X&ved=0ahUKEwjfjrn0y7rZAhVF7qwKHVHWAdwQ9QEIbjAH#imgrc=5ol8pqfFXz1j1M:
Very frequently you can tell what the outcome of the deliberations will be by the questions and body language of the justices. This will probably occur this fall -- if we get that far. DC is very nice that time of year.
Deal to Produce Bioplastics from Corn & Ethanol Byproducts!
Meridian Waste Solutions has entered a strategic partnership with biotech firm, Genarex, to develop a range of agricultural waste based bioadditives for the plastics market.
Feb. 08, 2018 (GLOBE NEWSWIRE) -- Meridian Waste Solutions, Inc. (NASDAQ: MRDN) (“Meridian” or the “Company”), an innovative technology and integrated, non-hazardous solid waste services company, today announced a strategic partnership with Genarex FD LLC (“Genarex”) to develop a broader range of bioadditives for the plastics market.
Genarex extracts otherwise low-value materials from corn ethanol byproducts and uses these materials as bioadditives in plastics.
The U.S. corn ethanol industry produces about 50 million tons of a low-value byproduct referred to as distillers dried grains, or DDGS. Genarex’s technology removes a portion of the DDGS and converts it into a polymerized material branded as Bylox. This material has proven to have a high value as a functional filler in numerous plastic formulations.
Attis Innovations, a wholly owned subsidiary of Meridian Waste Solutions Inc., recovers lignin from the byproduct stream of biomass processing industries, such as pulp and paper and cellulosic ethanol. Attis’ recovered lignin is unique in that it is a melt flowing biomaterial that is low cost and acts as a highly functional polymerized biofiller in applications such as plastics, adhesives and transportation fuels.
The combination of the two offerings adds value to a vast array of plastics conversion technologies, including blown and cast films, injection molding, profile and sheet extrusion, thermoforming, and rotational molding. Bioplastics including PLA, PBAT, PBS, and traditional plastics including PE, PP, PVC, and PS are just a few of the resin systems which can be extended or improved with the combined portfolio of products. The products offered by both companies are entirely biobased and offer resin extension at cost parity or cost savings to existing fossil fuel-derived feedstocks.
“Partnering with Genarex allows us to tap into its seven-year history of process and product development and pre-existing commercial scale pilot capabilities to accelerate the commercialization of our lignin products,” said Jeff Cosman, Meridian’s Chief Executive Officer. “We see the established infrastructure and coproduct volumes of the corn ethanol industry as a strategic target for our developing ecosystem of value-added biorefining technologies. We’re excited to work with the Genarex team to build shareholder value for both companies as we continue to evolve from traditional waste management to byproduct conversion and refining.”
https://waste-management-world.com/a/meridian-waste-solutions-deal-to-produce-bioplastics-from-corn-ethanol-byproducts
http://www.waste360.com/plastics/meridian-waste-solutions-attis-innovations-partners-genarex-produce-bioplastics
https://globenewswire.com/news-release/2018/02/08/1336308/0/en/Meridian-Waste-Solutions-Attis-Innovations-Partners-with-Genarex.html
Also...Genarex patent portfolio..http://www.patentbuddy.com/pages/patentSearchResult.jsf?assigneeId=16377076&patentType=grant
Good Luck To All!$!$
New patent Attorney & Pending Oil Extraction Patent!
Mr. Kreisler's pulling out the big guns!
Super lawyer firm Porzio Bromberg & Newman P.C.
http://pbnlaw.com/
"Its clientele includes Walmart, Cisco Systems Inc., GlaxoSmithKline, Honeywell, Johnson & Johnson, and Black & Decker Corporation. "
Diane Dunn Mckay is our new patent attorney!
http://pbnlaw.com/attorneys/mckay-diane/
She's working with examiner Deborah Carr on a patent-pending in regards to oil extraction!
"METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS"
KK signed the approval of Diane with the USPTO on 1/24/18!
Roughly 500 pages of documents filed on 2/22/18 and 2/23/18!
Nice to see patent activity moving forward again!
Good Luck To All!$!$
A conversation with a patent attorney...
I spoke with a prestigious patent attorney on Sunday. He specializes in patent litigation for the pharmaceutical industry. He made a couple of points about our case.
He basically thought this was a very unique situation ie, our attorney working on contingency, attorney settlement, judge passing away, patent office coming to the opposite conclusion of McKinney, Federal Circuit ruling.
He said district judge's are so distracted, so overwhelmed, they are in over their heads. He's seen it over and over in his profession (He's been practicing since the 70's). He's not at all surprised McKinney lacked understanding of patent law and the right to test. He was aware of McKinney's reputation as one of the most overturned-on-appeal judges in the country. He suggested this is also part of the reason this particular district in Indiana is one of the most overwhelmed.
He continued by saying to not let Miller's decision on the motion for reconsideration to have any impact on how to feel about the case. His ruling is meaningless. A new district judge, that came in to help out an already overwhelmed court, is not going to read through 50,000 pages of documents and get familiar with the case. Take absolutely no stock in it. Zero. He passed the buck.
He also said CC were simply protecting themselves. The settlement was because they can't risk that some "idiot judge" won't rule adversely again in the future, tainting their reputation. He guessed that we have a new lawyer and CC is helping them and also opined CC doesn't like the district we're in.
The attorney repeatedly stressed the importance of the USPTO reconfirming the patents valid and the Federal Circuit ruling. He said those guys know what they're doing, they do it everyday, that's what they do. He said in front of that panel of 3 judges is where you want to be.
In short, he didn't speak very highly of district judges, going as far as saying we got a bad one, it happens all the time. He thinks we'll do well with the appeal and yes, he made note of the ticker symbol.
On another note, I recall when the defendants weaponized our public filings. They used information in our financials against us to make some sort of argument to McKinney. Pending motions for attorney fee's and costs are most likely why the strategic, legal, decision to temporarily suspend filings was advised by our attorneys. As a result of the suspension, there has been no dilution.
Good Luck To All!$!$
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