Greenshift Corporation (GERS)

[Houstonian]

Stumbling around the ‘net today looking for any info on our current situation I found this article on a site called the “IP Watchdog”. For the most part the article is a re-hashing of everything that went wrong in court but I did notice that the last paragraph references the paper David Hricik of Mercer Law School wrote. This is the same article that BillV posted that outlined all of the things the justices did incorrectly. She also included a link to Professor Hricik’s article in her piece.

Perhaps the court's conduct is erroneous enough that other legal scholars will take note.

The article can be found here:
https://www.ipwatchdog.com/2020/03/06/federal-circuit-affirms-inequitable-conduct-holding-gs-cleantech/id=119643/

Here is the last paragraph of the article.
At least one commentator has expressed concern about this decision and its implications. David Hricik of Mercer Law School explained in an article written for PatentlyO that: “Whatever the merits, the panel misstates key issues of appellate review of inequitable conduct and contradicts prior panel decisions and even Therasense itself — and does so in a way that radically increases the scope of this equitable defense while, at the same time, failing to analyze the equities, oddly enough.”


Houstonian