Monday, December 3, 2018

Appeal - Response to GERS Update

See Here 30 pages
and
See Here 180 pages

SkunK

10 comments:

Pancho Magoo said...

compared the filing by Greenshift with the filings of the infringing companies.

it is as usual, a good example of how parties of opposing minds describe actions differently regarding the same topic.

'unclean' hands is mentioned a lot. Letters and ill intentions.

it will be nice to see how the legal system sorts through all the 'facts'.

I was told by a business person that if anyone uses technology or a process BEFORE it is patented, they still can use the technology, regardless of who has the patent. Suppose that makes sense, though what if one using that technology was then to SELL that technology to other companies AFTER the technology is patented?

It will be interesting to see....

Anonymous said...

I read every page of both filings and the majority of the all of it comes down to unclean hands and on-sale bar.

I must admit, what we did and what we are claiming does seem a little shady in regards to the letter, the delivery the e-mail, etc. Seems to me that the one hand didn't know what the other was doing and when Kevin found out, he got involved and tried to fix the "one-year" thing...

I think there was disconnect between Kreisler, Cantrell and Winsness and Cantrell jumped the gun and didn't understand the impact of the offer for sale and the one-year threshold.

Batman said...

"(a) Novelty; Prior Art.— A person shall be entitled to a patent unless— (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention... "

Greenshift used the word, 'confidential' when it was dealing with Agris.

Thinking there is a whole lot of room for either side to say, "He said, she said."

Guess that is why there are judges and juries that sort it all out.

nobody123789 said...

You are missing the importance of the July 2016 ruling of the Federal Circuit on an almost identical issue. The Federal Circuit will find for GERS. Why do you think ATTIS floated GERS $18 million? Certainly not because they thought that the Federal Circuit would reverse course. Do a little digging and you will find this critical ruling.

Minnie Mouse said...

I sure hope so. The fact all the companies were engaged in arbrtattion, to me that shows they were trying to find common ground and settlement.

Maybe now the lawyers of the infringing companies will start to broker a deal/settlement?

Suppose it all depends on the next action from the courts.

Betting if it looks like one smigeon of negativity for the infringing companies they will broker, or try to broker, a settlement with greenshift.

My bet is with whomever hold the patents is thw winner!

Anonymous said...

Attis took a chance in floating the $18 Million… Like us, they have no way of knowing how the court will rule.

Can the court come back to either side and ask for more information or clarification? I am just trying to hedge what may get in the way of a ruling.

Either way, I think we are into the middle to end of Q1 before we see or hear anything from the courts.

Anonymous said...

Next up is our reply. Having an actual trial would be a nice departure from the 'attempted-homicide-by-papercut' track that we've been on, but settlement on fair and mutually-beneficial terms for all parties and their stakeholders has been and remains a key objective. We're focused on adjacent solutions which may help to accelerate matters. Absent that, we believe strongly in the positions stated in our initial brief. We're prepared to move the process through however many stages of trial and/or appeal as may be needed. For however long as we need to. We're also focused on new technology development and other growth opportunities. We have some bigger fish to fry: https://youtu.be/b6Vh-g0oZ9w. Sustainably, of course. With corn oil.





Anonymous said...

As far as I am concerned, there's no bigger fish to fry than this trial so how could there be "bigger" fish to fry?

nobody123789 said...

Anony 12:18 PM sounds more than a little like an "insider". Was that Mr. Kreisler posting under "Anony"?

Swamp Bug said...

Nuttin better dan fresh fried fish! Course, cept maybe gettin a good settlement n closure from dem infringing folks!

I like da post above a talkin bout settlement. Settlement means closure which means filings n such fer the SEC which COULD mean a price increase in stock price which means I coulda buy some corn oil and cook up a fresh mess o dem good catfish!

Thinking maybe KK is gots a plan n maybe dis company can roar ta life!

Yahoo!

 
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