Aemetis Inc (AMTX)

[Slashnuts]

Lawsuit Against AMTX Update: 5/29/19

This Court disagreed. Id. Looking at “the claims and specification as a whole,” Barry’s intended purpose was to make lasting
corrections to the most common spinal deviations. Id. Barry could not know whether he achieved that purpose until he performed follow-ups on all three surgeries. Id. The third follow-up happened after the critical date; thus, the jury was entitled to find the invention not ready for patenting. Id.

Similarly, here, the “claims and specification as a whole” show that the intended purpose of CleanTech’s invention is to recover oil in an ethanol plant. CleanTech could not know whether it achieved that purpose until it performed full-scale tests in an ethanol plant. See 16-2231, D.I. 62 at 6-8, 40-42. That did not happen until May 2004, after the critical date. Id. Thus, a jury could find that CleanTech’s invention was not “ready for patenting,” and the summary judgment under §102(b) must be reversed.

https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A546c89e8-d15a-464c-af8c-3eff05e2ba3a

Strong sell, AMTX is a money losing patent infringing scam!