Alto Ingredients Inc (ALTO)

[Slashnuts]

USPTO VS The Court Of Appeals decision...Plumtree

The difference between the USPTO and The Court Of Appeals decision is reason enough to file a Writ. Plumtree, GERS' primary defense wasn't even considered.

The USPTO took Plumtree into consideration and correctly ruled in our favor.

The Court Of Appeals refused to consider Plumtree simply because it wasn't mentioned in The District Court and therefor ineligible for review.

CleanTech contends that the District Court misconstrued
the law by failing to apply Plumtree’s requirement that the
“challenger must prove that the patentee either: (i) ‘made
a commercial offer to perform the patented method[]’[;] or
(ii) ‘in fact performed the patented method for a promise of
future compensation.’” Appellant’s Br. 36. CleanTech,
however, did not make this argument before the District
Court and cited to Plumtree only once in its summary judg-
ment opposition and only for the proposition that the July 2003 Proposal was not invalidating because it “did not unambiguously require use of [CleanTech’s] patented methods[.]” J.A. 26364 (citing Plumtree, 473 F.3d at 1163).
Because we apply the law of the regional circuit as to pro-
cedural matters, see Info-Hold, Inc. v. Muzak LLC, 783 F.3d 1365, 1371 (Fed. Cir. 2015), here the Seventh Circuit,
we will not decide an issue for the first time on appeal, see
Scheurer v. Fromm Family Foods LLC, 863 F.3d 748, 755
(7th Cir. 2017) (“The well-established rule in th[e Seventh]
Circuit is that a plaintiff waives the right to argue an issue
on appeal if she fails to raise the issue before a lower court.”

File the Writ and get this reversed upon consideration of Plumtree.

Good Luck To All!$!$