Monday, June 26, 2017

Big Picture: This means absolutely nothing . .

06/26/2017 50 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Notice regarding the ECF account of Ruth Rivard for Blue Flint Ethanol, LLC. The e-mail address, (, associated with your CM/ECF account has generated a delivery failure notice. Counsel should promptly report a change in contact information with the Pacer Service Center (see Fed. Cir. R. 47.3(c)(1). [441876]

. . .  but it does show you I just checked pacer.


Friday, June 23, 2017

Court Approval of Stay

The parties move jointly to stay these appeals to pursue mediation and settlement negotiations.
. . .
The motion is granted to the extent that Appeal Nos. 2016-2231, 2017-1838 remain deactivated and Appeal No. 2017-1832 is stayed.  No later than August 3, 2017, the parties are directed to inform this court of the status of the reconsideration motion and how they believe these appeals should proceed.

See Here


Friday, June 16, 2017

Request to Continue the Stay

The parties therefore request that all deadlines in the above-captioned appeals continue to be stayed until August 3, 2017 , . .

See Here


Saturday, June 10, 2017

Inside the Mind

As we wait, here is a recent article by Mr. Jonathan Marks, the mediator in the talks. See Here. and Here


Friday, June 2, 2017

North, East, West, South (NEWS)

The parties participated in a mediation on April 25-26, 2017, in the Chicago area, with Mr. Jonathan Marks as mediator, to attempt to resolve at least some or all of the issues between them. The parties’ negotiations as to at least some of those issues are currently ongoing.

See Here


Friday, April 28, 2017

Nothin Honey

Just to let you know I continue to consume oxygen and exhale CO2, I just checked Pacer and SEC and see nothing to report.  I checked DVG in Pacer and he is still in this. 

I drove through downtown Atlanta Tuesday night and that place continues to generate traffic faster than it can lay asphalt.  And it is laying a lot of asphalt.


Wednesday, April 19, 2017

Back in the Saddle

Here is update on docket. The last two dated the 18th are new.  Still do not understand why DVG was specifically excluded from related Ethanol Company filings in last post. 


Friday, April 14, 2017

Docket News?

Here is the newest on the docket.  If you click on it it should get bigger.  

Is there news here?  Not sure.  I am lucky if I stumble on the right questions - no answers here.  Here are 4 questions:  Is it normal for parties to say who is not a part of their party?  Is it common for parties to not file things right the first time?  Is the party that you file an appeal against really called an appellee?  and is that how you spell it?

Four questions and I am only confident the answer to the last three is yes. 


I think I will be traveling when the 10-K comes out, so keep on eye on things here.  Every day for six weeks I have been waking to the surf on the big pond - on the west side looking east.  At my age, when the flight is so long you land before you take off sometimes it takes a day (or two) to fully bounce back.

Thursday, April 6, 2017

Things are Moving on Multiple Fronts: Mediation, Appeal, R/S, 10K

The parties have agreed to mediate this matter on April 25-26, 2017 in the Chicago area, with Mr. Jonathan Marks as mediator, to attempt to resolve all, or at least a substantial portion, of the issues between them. The parties are diligently preparing for the mediation and engaging in settlement negotiations.

Should the mediation prove unsuccessful, the parties will submit a briefing schedule for the Court’s approval by May 19, 2017.
See Here


100-1 and Quick!

See Here PR (looks bot generated).

Filed on 4th of April - Effective on the 6th of April - 100-1 Reverse Split.

Actual Filing

Waiting on the 10-K Annual Report . . .
Automatic 15 day Extension Filed on 31 March


Sunday, April 2, 2017

The Big Payout - blast from 2008!

In one of the few times one could have made a KILLING hanging around this company and its sister companies - Kevin Kreisler announced when the stock of Agri fuels was selling around 21 cents a share - that the parent company would purchase it for 50 cents a share on 31 March 2008.  Much to the chagrin of some, it went off without a hitch. (thanks to Nobody for pointing out this history as we look to the future)

"The plan also calls for other GS AgriFuels shareholders to be bought out at 50 cents per share -- more than double Wednesday's closing price of 21 cents per share."  See Here

Here is SkunK back in the day (1 March 2008 - 30 days out)

Overall the market week was spent in a close trading range because it was waiting to see if Mr. Keisler was going (to be able) to go forward with the taking private of GS AgriFuels under the GERS structure ("the event"). At COB Friday GSGF closed at .457 (same as the bid). At first this would seem to indicate no market confidence in the event - but further review indicates that the ask was .49 - that there were no trades for the last 40 minutes and volume was only 7.33K. This large spread indicates that the holders of GSGF are convinced they will get the .50/share buyout by the end of March as planned. It also shows that others are equally convinced it will not happen - since their bids insisted on over a 9% premium to hold GSGF for 30 days (thats 109% annualized return).

I believe the event now must happen. Therefore it will happen. If Greenshift was to reverse course they would have had to do so before COB Friday. In the absence of information contrary to the event - there will be a gradual increase in the price of GERS through the .50 payout to GSGF shareholders. 

Wednesday, March 29, 2017

The Only Open Case is the Appeal


Appeal is on

1695 Appeal Information Packet
Big Rivers and others.  Bring your lunch, 817 pages of mostly hash and rehash.

Notice of Appeal (2nd Corrected) 1696
I will save you from the first and first corrected.

Appeal Information Packet Vs. Big River 1697
and others .  . . See 1695 above plus 3 pages.

Appeal Vs Big River 1698 and others? Notice of Docketing.


Saturday, March 4, 2017

Can we see the Horizon?

 All of the parties have agreed to conduct a private mediation in an effort to fully and finally resolve all claims among them. 

1691 GreenShift Request for 30 Day Extension of Filing Appeal

1692 Order Granting 30 day Extension on Filing Appeal


Tuesday, February 14, 2017

Real News - Private Mediation

. . . notified the Court of their intention to seek private mediation of all claims in this action. The parties have requested that the Court vacate the Telephonic Status Conference and suspend and/or stay all deadlines for 60 days. The Motion is GRANTED.

See Here

also 1679


At first blush me thinks this "action" is only about settling court costs - not the patent case - yet the phrase "all claims in this action" and the "IN RE:*" at the top of the page makes me think it could be about "ALL claims".


Monday, February 13, 2017

Up Date

On or before February 8, 2017, each of the following entities/parties, CleanTech, Cantor Colburn, and the Defendants, shall file their proposed briefing schedule for the relevant motions. Telephonic Status Conference on Thursday, February 9, 2017, at 10:45 a.m.

See Here

Joint Request for Conference

one Bill


Friday, January 27, 2017

Motion Denied

Even if the patent examiner’s decision had been available to the Court prior to its ruling on the summary judgment motions, the Court would not have considered it for the same reason that such evidence was excluded at the trial on inequitable conduct. There being no other reasons to alter or amend the judgment, CleanTech’s Motion to Amend, MDN 1665, is DENIED.

See Here


More Documents

1676 GERS

Destroy Back up tapes approved

New Lawyer


Thursday, January 5, 2017

“Avoid unnecessary appellate procedures” ?

In the Court’s October 23, 2014 Order (“the SJ Order”) as clarified by its October 28, 2014 Order, this Court granted summary judgment in favor of Defendants on their affirmative defenses and counterclaims of patent invalidity based on anticipation, obviousness, and on-sale bar.

CleanTech offers the prosecution history of U.S. Appl. No. 13/450,997 (the “‘997 Application”), a continuation application of the ‘858 family that was allowed by the same Examiner as the patents-in-suit. Prior to allowing the ‘997 Application, the Examiner was provided a copy of the Court’s October 23, 2014 order invalidating the patents-in-suit, as well as the items of prior art and documents relied upon by the Court in reaching its summary judgment ruling. Also, CleanTech offers to this Court a recent Federal Circuit decision issued on July 11, 2016 (The Medicines Co. v. Hospira, Inc. 827 F.3d 1363 (Fed. Cir. 2016)). If this Court were to follow that case, it would not have found that the inventions defined in the claims at issue were on sale prior to the critical date.

Motions to amend the judgment under Fed. R. Civ. P. 59 allow a party to “avoid unnecessary appellate procedures” by bringing such errors to the district court's attention.



PS Although the case was closed, I see that after a break, documents continued to be posted to the case. More to follow.
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