GS Cleantech Corporation v. Adkins Energy LLC

Filing 269

ORDER denying (787) Motion for Summary Judgment on deft-Adkins Energy counterclaim for breach of contract. Signed by Judge Larry J. McKinney on 5/21/2013. Associated Cases: 1:10-ml-02181-LJM-DML, 1:10-cv-08011-LJM-DML(CBU)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

IN RE: METHOD OF PROCESSING
ETHANOL BYPRODUCTS AND
RELATED SUBSYSTEMS (‘858) PATENT
LITIGATION
RELATED CASE:
1:10-cv-08011-LJM-DML

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No. 1:10-ml-02181-LJM-DML

ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff GS CleanTech’s Motion for Summary Judgment on Defendant Adkins
Energy, LLC’s (“Adkins”), counterclaim for breach of contract, Dkt. No. 787, is DENIED.
Motions for summary judgment are governed by Federal Rule of Civil Procedure
56(a), which provides in relevant part: “The court shall grant summary judgment if the
movant shows that there is no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” Here, there remain many issues of fact within
the assertions of the motion. There are issues of fact surrounding the development of
and cessation of the COES I project, the COES II project, the issue of damage and
Adkins’ assertion that it is entitled to a license, just to name the more prominent
concerns.
IT IS SO ORDERED this 21st day of May, 2013.
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LARRY J. McKINNEY, JUDGE
United States District Court
Southern District of Indiana

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