Wednesday, March 22, 2017 3:55:17 PM
Called Federal Circuit Clerk of Court (202-275-8000) http://www.cafc.uscourts.gov/contact/clerks-office
Greenshift/C&C filed Notice of Appeal this week. This filing was required by March 20th and it could be for more leverage in settlement discussions or it could be we are going through with the appeal.
This is very positive news! Either we get closure with a settlement or we get to the Federal Circuit, where based on their ruling in a similar matter last July, we will find a very receptive judiciary. This is something the counsels for ICM/DVG and other defendants must be telling their clients and why we are in mediation/settlement discussions. [Also, CleanTech offers to this Court a recent Federal Circuit decision issued on July 11, 2016 (The Medicines Co. v. Hospira, Inc. 827 F.3d 1363 (Fed. Cir. 2016)). If this Court were to follow that case, it would not have found that the inventions defined in the claims at issue were on sale prior to the critical date.]
My position has been for quite a while that the litigation is the play here and this is playing out according that script.
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