Friday, April 18, 2014

Defendants Say . . .

Defendants say '037 is obvious and obviously invalid.  See Here

Defendants request an Oral Argument [to set straight the USPTO, GreenShift and the MDL Court.]  See Here

SkunK

Thursday, April 17, 2014

Slyly

Tag-Along Defendants are slyly attempting to corner CleanTech between a rock and a hard place.  See Here
 
SkunK

Tuesday, April 15, 2014

R/S 100-one

Effective at close of business on April 11, 2014, GreenShift Corporation filed with the Secretary of State of the State of Delaware a certificate of amendment to the Company’s certificate of incorporation to give effect to a 1-for-100 reverse stock split.  The Company’s common stock will begin trading on a post-reverse split basis on April 15, 2014.

See Here

SkunK

Monday, April 14, 2014

Tag Along Now Along

GS Cleantech Corporation v. Pacific Ethanol Stockton LLC filed in  California Eastern District Court, has now been transferred into the Indiana Southern District Court as part of the larger Multi District Litigation.

See Here  (may have to put "cleantech" into the search engine under "party name".)

SkunK

Wednesday, April 9, 2014

Competition and Stickwater?

Valicor already has Corn Oil Separation Systems, its first-generation corn oil separations technology, installed at 40 ethanol plants.

VFRAC separates corn oil from stillage, not concentrated stillage. “We wanted to move away from the patent litigation and all the legal issues that surrounded all that,”

The separations process also creates stickwater, a low-solids liquid stream, fractionated from the whole stillage, Bleyer says.
See Here

SkunK

Starting today I will be writing a log instead of a blog.    Its not a top tier log but I hope to be above average.  Lets rate it a "B".  So I will start today writing a b log.  Completely different.  Instead of a blog.  Hope you like the change.  :~)

Wednesday, April 2, 2014

Tag Alongs Resist Canard

TAG-ALONG DEFENDANTS' RESISTANCE TO GS CLEANTECH CORPORATION'S MOTION TO AMEND THE SCHEDULING ORDER FOR TAGALONG CASES TO EXTEND THE DEADLINE FOR MOTIONS TO AMEND PLEADINGS

Clearly, therefore, the claimed need for additional time to assess whether ICM should be added to the Tag-Along cases is not remotely true and this portion of Cleantech’s motion should be denied in its entirety.

For Cleantech to say it needs 30(b)(6) depositions before it decides whether to add ICM as a defendant to the Tag-Along plants that use ICM’s process, when ICM has been a defendant from the beginning of this lawsuit, is a canard.
 
See Here


SkunK

The lawyers on both sides have generally supported each others extensions and the judge has gone along.  Now we see some aggressiveness out of the tag-alongs here.  It will be interesting to hear the judge's response to this.  It will also be interesting to hear GreenShift's response to the inevitable request for an extension on the part of the defendant tag-alongs.

Monday, March 31, 2014

GERS 10K 2014

Annual Report is out HERE
Mondays are good . . .

These costs increased during 2013 and are expected to continue through 2014 in advance of trial, and as we expand our litigation this year to protect the competitive advantage of our licensees by prosecuting additional producers and other parties infringing our patents.

Revenues for the year ended December 31, 2013 were $15.5 million as compared to $14.5 million generated during the year ended December 31, 2012.

We generated $8.7 million in gross profit for the year ended December 31, 2013 as compared to $8.5 million for the year ended December 31, 2012

. . . we hope to complete a financing during 2014 to refinance and recapitalize all of our remaining convertible obligations.

SkunK

Tuesday, March 25, 2014

NEW COES Patent 8,679,353

In GERS land we have been watching another COES Patent wind its way through the USPTO system.  Some time ago we saw the Notification of Allowance.  Unless GERS decided to send it back with more updates - it was just a matter of time until it became official.  Well now it is official:

Method and systems for enhancing oil recovery from ethanol production byproducts

See HERE

SkunK

Credit to Slash for catching this first.  Thanks for posting the news in the comment section.

Defendants Denied Extension

Gentleman, we need a reason.
See Here

Ahhh ". . . necessitated by conflicting schedules of the joint defense counsel . . . "
See HERE

SkunK

Aemitis Remand Denied

". . . Aemitis adopted and re-urged the previously-raised and litigated arguments"

"This evidences that at least some of Aemitis’ concerns are without merit."

"For the foregoing reasons, the Court DENIES Defendants’ Aemetis, Inc. and Aemetis Advanced Fuel Keyes, Inc., Motion for Suggestion for Remand, . . ." 

See HERE

SkunK

WNY Energy . . . DENIED.

"Further, it is not clear to the Court that CleanTech’s infringement allegations against WNY Energy will rise or fall with CleanTech’s infringement allegations against ICM because the elements of direct infringement are different from that of a contributory or inducing infringer."
 
"Western New York Energy, LLC’s Motion to Stay, . . . is DENIED."
See HERE
SkunK

Saturday, March 22, 2014

Small Court Orders

GERS can File reply MIO HERE

GERS can file reply MIS, Seal granted for 10 days Here

SkunK

Two tiny tactical wins, GERS allowed to file both a reply Memorandum of Opposition and a reply Memorandum of Support.

Wednesday, March 19, 2014

Lets Take a Look

GERS will need time to look at the Tag-along Plants. 

Need to look at relationship with ICM.

Filed against Pacific Ethanol also in Idaho and Eastern California Districts.

See Here

Acknowledged

See Here

SkunK

14C

On or after 7 April 2014 effective date.

See Here

SkunK

Tuesday, March 18, 2014

Tag-Alongs Follow

". . . the Tag-Along Defendants adopt and re-urge the claim construction arguments regarding the ‘858 patent family patent previously made by the other Defendants . . ."
 
See Here

SkunK

So it is unanimous.  All the accused infringers do not like the court's claim construction. 

Saturday, March 8, 2014

100-1 Reverse Split

As of March 6, 2014, of the 2,500,000,000 shares of common stock authorized, 2,106,215,881 are issued and outstanding.

As a result of the Reverse Split, there will be about 2.4 billion common shares available for issuance.

Although GreenShift’s ambition is to satisfy its debt to YA Global in cash deriving from operating activities or one or more potential future financing transactions, it is necessary that the potential for default be eliminated.
 
 
SkunK
 
This is a Pre-SCHEDULE 14C.  No exact date has been set.  Effective after it is filed sometime in April.

Friday, March 7, 2014

Million or more

HOMELAND ENERGY SOLUTIONS, LLC
"Should damages be awarded, the Company estimates that damages would be based on a reasonable royalty to, or lost profits of, GS Cleantech. If the court deems the case exceptional, attorney's fees may be awarded and are likely to be $1,000,000 or more."

See Here bottom of page 17

SkunK

PS  The individual who wrote this is saying that the GreenShift attorneys fee award alone could be over a million dollars.  Likely that is not what they meant.  Or is it?  Certainly "a lot of dough" comes across plainly.  Remember this is one of many defendants.

Entry from Status Conference

Status Conference SEE HERE
SkunK
 
 
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