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| 07/05/2018 | 88 | ORDER filed. The motion to consolidate the appeals [77] is granted. The revised official caption and short caption are reflected in the order.; The motion to continue the stay of the appeals [77] is denied.; The motion for an extended brief [78] is granted to the extent that GS CleanTech Corporation’s opening brief, not to exceed 28,000, words is due no later than 40 days from the date of filing of this order. Service: 07/05/2018 by clerk. [533715] [NEL] [Entered: 07/05/2018 11:49 AM] |
| 07/05/2018 | 89 | Note to file: The following cases are consolidated: 16-2231 (Lead) with 17-1832, -1838 (Members). FURTHER ENTRIES WILL BE ADDED TO THE LEAD APPEAL ONLY. [534084] [16-2231, 17-1832, 17-1838] [MJL] [Entered: 07/06/2018 02:40 PM] SkunK |
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5 comments:
Two wins, no losses, one tie (2-0-1). If we were a soccer team we would advance.
Hoping KK keeps his commitment to inform Gerslanders (and the world) soon!
Brief is due in 40 days (August 13th), then probably another 90 to 120 days after that to get ruled on. Speak to you folks sometime in December of January...
Word limit granted is 28000; they asked for 42000. In other words, they got double but not the triple they had asked for. Could be difficult to adequately address all the issues.
It is an extraordinary event to have the word limit increased. I suspect that they asked for 42,000 words with the hope of getting 28,000. There is virtue in boiling down salient issues, even for attorneys. The issues are so compelling that redundant elaboration is not necessary and could cause the Federal Circuit staff IP attorneys to miss the trees in the forest. There will be an opportunity during oral arguments to complement the written filings if it is felt that important legal points have been missed or misunderstood.
In my eyes last week's Court order was a major win. Not only did we not lose on three counts, Judge Stoll had the Court's response to the motions in half the usual time. She has given the parties about half the usual time to comply with the current order. [Remember this is the Federal Circuit -- there is no place for the appellees to go to contest this order.] If I were a betting man (am I no wagering on GERS?) I read all of this as ENOUGH FOOLISHNESS IS ENOUGH! Let's move on, and quickly!
Remember Judge Stoll was one of the panel that decided the July 2016 precedent case very critical to ours, and Judge Stoll certainly has more respect for the USPTO than McKinney.
Also embedded in the denial of the motion for the stay requested by apellees was refutation of their claim that since the lower court found for them with prejudice there really was nothing for the Federal Circuit to decide; so the Federal Circuit should stay these proceedings in order for the lower court to rule on the motions associated with attorney's fees.
Based on the above information about Judge Stoll and her actions to date it is not surprising that she, in essence, stated in the Court's denial -- NOT SO FAST!
So, now all the crap that the appellees have thrown against the wall has not stuck and our case will be heard by jurists supported by IP legal staff who are experts in US patent law. I would not be surprised to see overtures about settling again. The appellees are not dumb, they know what lies ahead. I hope that we ignore these and close the noose once and for all.
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