Greenshift Corporation (GERS)

[nobody12378]

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1469.Opinion.7-7-2016.1.PDF
As a result https://drive.google.com/file/d/0B_ch8gAs4lCcZ01zeXk4UHAwRVE/view

Page 32 (of first) "D. Experimental Use", lays to waste the entire district court basis for declaring the patents invalid and therefore the "inequitable" conduct of C&C finding for not apprising the court of the experimental use -- which was not pertinent to the validity of the patents in the first place.

The Federal Circuit has told litigants do not bother them with obvious legal errors of the district court -- go back and give the district court an opportunity to correct them first. [From the second: motions to amend the judgment under Fed. R. Civ. P. 59(e) allow a party to “avoid unnecessary appellate procedures” by bringing such errors to the district court's attention].

Since the district courts do not want to be reversed by the Federal Circuit there is significant pressure on them to correct their erroneous rulings. I suspect that if the district court does not and is subsequently reversed by the Federal Circuit that they will also slap the district court judge a little for not doing the obvious; an embarrassment all would want to avoid.

Timing? Everything I read states a federal judge can take as long as he/she wants to to rule on this motion filed by C&C in October. Sounds ridiculous but true; if anyone can document otherwise that would be very helpful! When that ruling finally comes down (and it could be years?) and if it is NOT consistent with current case law as established by the Federal Circuit, I suspect that they will have to formally appeal to the Federal Circuit setting off another round of motions/hearings.

Do you know how to spell delay, delay, and more more delay (until GERS goes under)? Well, this is the strategy of the defendants and it is working beautifully -- for them.