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There is no proof that the current Vortex PTO [design] as it currently exists will have any market into the future. These failures of proof compel the rejection of Claimant’s demand for future lost royalties. For these reasons, Claim Three is denied” 4
“Respondent’s discharge from their performance is sanctioned as a consequence of the return of the technology. Without the [‘437 patent] technology, Respondents cannot render performance under the APA regardless of commercial impracticability” (Page 12)
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_____________________________
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Honorable Judge George H. Foster
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Judge Of The Superior Court
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Respectfully submitted on January 18, 2011 by: /s/ Shawn Lorenzo York
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ORIGINAL has been electronically filed with the clerk of the court
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COPY of the foregoing electronically delivered this same date to: Honorable Judge George Foster Maricopa County Superior Court
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COPY of the foregoing mailed this same day to: Philip R. Higdon Michael T. Liburdi PERKINS COIE 2901 N. Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788
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