Two interesting factoids:
1. Collectively, the MDL Defendants are seeking over $16 million in attorneys’ fees, expert fees
and other expenses from CleanTech.
2. As CleanTech will show in its Motion, this is an appeal from a nine-year
long multi-district patent litigation, involving five patents, sixty asserted patent
claims, twenty-nine different Defendants and over 1,800 docket entries in the
district court. CleanTech is appealing from two separate Opinions/Orders of the
district court: (i) its 233-page Opinion (MDN 1351) granting summary judgment
to Defendants on various grounds; and (ii) its 78-page Opinion (MDN 1653)
finding inequitable conduct after a two-week bench trial on that issue.
Please feel free to help out and add any additional factoids you deem central and significant in the comments section.
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SkunK
Thursday, April 12, 2018
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19 comments:
There are serious conflicts in logic, perhaps not legal logic, but common sense.
As stated in the current filing the underlying issue is still that GERS deceived everyone including the USPTO (which USPTO refutes) about pertinent issues associated with the on-sale bar (which the Federal Circuit has ruled in another case is not germane -- testing is NOT an offer to sell). But C&C is no longer subject to this claim: "... Cantor Colburn, that resolved all claims of Defendants, including Defendants’ claims for attorneys’ fees and costs, against Cantor Colburn" (See February 15, 2018 entry below).
Are the Defendants/Appellees claiming that GERS hoodwinked C&C as well? Court documents show that C&C knew of the "smoking email" that proposed an offer to test the technology and determined that it was not relevant, since testing is not an offer to sell (as the Federal Circuit substantiated in July, 2016).
There is so much circular BS here. I think the Defendants are playing for time and attempting to execute the primary strategy in David/Goliath civil litigation -- financial exsanguination to the point of BK to end the litigation.
However, this leads to another serious conflict in logic. There must have been an agreement in principle that led to the almost year long settlement discussions. Last April Jonathon Marks (See April 2017 entry) surely generated this agreement, otherwise the "discussions" would not have commenced. And language (documented below) in filings implied that closure was very close -- then they collapsed. I think that this means that the Defendants were never serious. GERS now knows that they were played and based upon a recent interaction with a GERS' principle, I believe that GERS is deeply troubled and frustrated by this ploy.
Bottom line -- both sides are now more entrenched then ever and it is going to take a long time to climb out of these legal trenches. But, and I say again, a Federal Circuit adjudication in their favor is far superior to a settlement. The ruling will apply to the entire industry (in reality no place to appeal after Federal Circuit), the potential award PLUS interest and treble punitive damages are on the table based on real (very large) loss of revenue; not some negotiated much smaller amount.
Which leads me to the another logical conundrum -- why did we not proceed directly with the appeal? Their fine legal minds know the answer -- I do not.
Perhaps C&C were the ones buying time. Note that the motion to proceed happened at the first chance after C&C settled their bit.
"CleanTech maintained that additional settlement issues remain that it will address after settlement between Cantor Colburn and Defendants is closed."
This case, more than any other case Cleantech's counsel has seen, truely extraordinary . Is my favorite factoid.
Pallemyer granted cleantechs motion for reconsideration. No wonder defendants want it consolidated. We need appeal court to do the same.
What? On March 26, 2018 Judge Pallemyer DENIED CleanTech's motion for a reconsideration! That is the reason that we can now proceed to the Federal Circuit for scheduling.
Anony's 1:48 PM factoid -- translates into the success of the defendants in avoiding justice. Their attorneys have earned their $16 million.
In the same ruling march 26, Pallemyer granted Cleantech's motion for reconideration. Pallemyer will not consider Adkins motion until after appeal is complete. Defendants are not happy about this. We need appeal court to do the same.
Because the court (Mckinney) offered no rationale for denying CleanTech's motion to defer, this court revisits the issue here.
CleanTech argues that the court's denial of its motion to defer on mootness grounds makes no sense because the Rule 59(e) motion and the motion to defer "do not overlap in any manner
On balance, the court agrees. Granting CleanTech's motion to defer is the most efficient approach under the circumstances.
The language/statement appears to have come from a court document. There is nothing new on PACER for case number 2017-1838. Can/will you share the source of these statements?
I think that all the Slashnuts hype late last year and earlier this year about settlements and 10K statements on the defendants filings about possible payouts that could affect their finacials was just that, hype. It created a lot of lost hope... We must now all realize more than ever that the defendants are snowballing and stonewalling us even after the mediator was brought in. That, it appears, was just a stall tactic joke which just bled out bank account.
Happy Holiday!
Anony 9:18 -- Absolutely. The despair, anger, frustration,and disappointment conveyed in communications with a GERS' principal certainly speaks to your position. My sense is that GERS/C&C were blind sided by this intransigence and disingenuous behavior; further illustrated in the last paragraph of page 12 of the last filing by the MDL appelees. I can argue that they (GERS/KK) should have known or at least been suspicious since they had full knowledge of the character of the prime mover, DVG.
But that is hindsight. Looking ahead, I am concerned that the long tortuous path that will still need to unfold is going to require KK to start dilution again. Whatever, the source of the funds (C&C rebate?) that they have been running on for the last 18 months is bound to be extinguished, (soon?). Another round of dilution and most GEERSlanders will exit stage left and that will mean that the PPS will drop precipitously. GERSlanders know what dilution means here will likely not ride this to the bottom -- again. And again the GERS' common shareholders take it in the neck (gluteals, whatever) as the beneficiary of the defendants' actions and scurrilous deeds.
I heard somethings up with Poet and Genrex. Could be where the money is coming from nobidy.
Nobody
Got a link?
Diesel!
Welcome to the legal world where money meets greed.
I did not take any prior statements as hope as hope is worthless in the investment arena.
The facts show themselves. Fact: All involved parties to the legal drama signed off on extension after extension regarding arbitration. Now, the gears shift into range. But, at least all parties played the game.
Fact: GERS is still pursuing via an appeal. Infringing companies are using legal tactics to try and put GERS out of business. This stuff happens every day.
For me, now that arbitration has been tested, it now goes just like the recent filing laid out as to timeline/events.
Fact: GERS owns the patents as the US patent office has stated even after what happened at the last event.
Will the infringing companies bleed GERS dry? Will GERS win the appeal? For me, it is almost like a game of chicken. Who gives in to who and for what.
Things occur behind the scenes. A form of arbitration between lawyers/clients (lawyers wanna get paid) IF i-f if it looks like things are going GERS way legally, I'm positive a deal will be made. And, if it goes against GERS, then my investment is just like all the other ones I've made in the past with GERS.
Hope? (censored) hope. I trust only the power of what greed can do and those judges who can overlook their own pride and greed to render whatever is the proper judgement after looking at all the evidence.
Robin - if you don't have any hope then why are you even her? I have hope but it isn't my (or others I am sure)investment strategy as you are insinuating...
I trusted that the credentials of the mediator that was brought in was a serious effort to bring this to a close. I would have thought that if this was a scam by DVG and his scum ball industry buddies that the mediator would have seen though it early on. But then again, they were paying him dearly so why would he not forge ahead with his goals. Now we know it was probably just to get the litigation costs higher to bleed GERS.
Everything will be overturned on appeal.
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