Greenshift Corporation (GERS)

[Olie77]

As for trying to read the Markman transcript 5-10 times, what was i thinking? It is interesting but slow-going.

The "War Hero" reference is finally understood.

the crux of the issue is the judge establishes protocol for a markman hearing and sets the rules for when he's heard enough from both sides. For our judge it was after just a couple rounds of argument/rebuttal.

Now we see in the transcript that the judge once allowed a bit of extended argument in a different markman trial. He said he made that one-time exception because the person was a 'war hero'. He said at the GERS markman that he would make no exceptions in this case because to the best of his knowledge there were no war heroes in the courtroom.


Defendents used the judge's words against Greenshift later on. There was a time when the defendents were seeking clarification from the judge on some aspects of his Markman order. Greenshift opposed and filed a brief explaining why. In the opinion of defendents, the content of the brief by greenshift was an attempt to re-open the markman hearing. In the process, the defendents made what at the time seemed an out of place and random comment: "no showing has been made that Mr. Rye(plaintiff council) was a war hero".

Now we understand where that comment came from.

The defendents are saying that Greenshift should not be allowed to continue arguments that have already been hashed out in the markman trial and no exception should be made because Mr Rye is not a war hero.

Just one more little mystery solved.