Friday, February 27, 2015

Transcript

Filing Here

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TRANSCRIPT of Status Conference held on 2-17-15 before Judge Larry J. McKinney. (35 pages.) Court Reporter/Transcriber: Jean Knepley (Telephone: (317) 686-0197). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/19/2015. Release of Transcript Restriction set for 5/27/2015. (Knepley, Jean)

SkunK


Tuesday, January 27, 2015

A Detailed GERS Reply

As shown above, from the time the letter was first addressed, and before Cantrell’s deposition, it was CleanTech’s position that the July 31 letter was related to experimental use of the test module identified in the letter and that the invention was not reduced to practice in 2003. (Ex. 18, DX 617, Ex. 19, DX 618, Ex. 20, DX 619, Ex. 21, DX 622 and Ex. 22, DX 624) At their depositions, Cantrell and Winsness testified that reduction to practice took place in 2004 as a result of the full scale Agri Energy test. (See, e.g., Ex. 47, Winsness Dep. 1108:16-1109:10; (Ex. 23, Cantrell Dep. at 274:6-17 (stating in 2003 he was only “hopefully optimistic” about their process), 1068:23-1069:6 (stating Mesrss. Winsness and Barlage told him the large scale test would not work)) They also consistently testified that the July 31, 2003 letter was an attempt to set up a full scale test at Agri Energy.


The GERS Argument Here 

The Exhibits in Support

+++++++++++++++++++++++

Status Conference now Feb 17th

A Medical Allowed Under Seal?

SkunK




Wednesday, January 21, 2015

GreenShift Receives Notices of Allowance on Three New Corn Oil Extraction Patents

 — GreenShift Corporation (OTCQB:GERS) announced today that the U.S. Patent and Trademark Office (“USPTO”) recently issued Notice of Allowances for the following U.S. Pat. Application Nos.:
  • 13/450,997 titled “Methods of Processing Ethanol Byproducts and Related Subsystems” (the “’997 Patent Application”) on December 19, 2014;
  • 13/185,841 titled “Method and Systems for Enhancing Oil Recovery from Ethanol Production Byproducts” (the “’841 Patent Application”) on December 24, 2014; and,
  • 11/908,891 titled “Methods and Systems for Washing Ethanol Production Byproducts to Improve Oil Recovery” (the “’891 Patent Application”) on December 26, 2014.
The Notices of Allowances for these applications were issued by the USPTO after a review of a recent Summary Judgment decision and other filings by the defendants in an ongoing infringement action against multiple defendants by GS CleanTech Corporation, a subsidiary of GreenShift. Each of the recently allowed patent applications was examined and considered patentable by a different examiner and after each had considered the Summary Judgment decision.
The Summary Judgment issued on October 23, 2014 by the District Court in Indiana and ruled in favor of defendants on their motions for summary judgment alleging that the corn oil extraction patents issued to GS CleanTech were invalid, including US Pat. Nos. 7,601,858 and 8,168,037. As previously announced GreenShift intends to appeal the Summary Judgment decision. Under applicable standards, a patent is not invalid until and unless a final judgment of invalidity is rendered after all available appeals have been exhausted.
“We believe in our intellectual property rights and the system of checks and balances designed to protect those rights, both in the patent office and the courts,” said Kevin Kreisler, GreenShift’s chief executive officer. “We will appeal the Summary Judgment ruling at the appropriate time. In the meantime, we remain focused on growth, innovation and bringing value to our licensees.”

Coverage of Allowed Claims
The allowed ‘997 Patent Application is a continuation application of US Pat. No. 7,601,858, and involves the concentration and mechanical processing of thin stillage to recovery at least a portion of the oil from the concentrate. The ‘891 Patent Application and the ‘841 Patent Application are continuation applications of US Pat. No 8,168,037. The allowed claims in the ‘841 Patent Application cover processes directed to evaporating thin stillage to reduce water content, recovering oil with a horizontal centrifugal three phase decanter, evaporating the concentrate to further reduce its moisture content, and mixing the evaporated concentrate with distillers wet grains. The allowed claims in the ‘891 Patent Application include processes directed to washing whole stillage with thin stillage to increase the oil content of the thin stillage, followed by concentration and recovery of oil.
SkunK

Re
ad more here: http://www.heraldonline.com/2015/01/20/6719210/greenshift-receives-notices-of.html#storylink=cpy

Sunday, December 28, 2014

Wednesday, December 17, 2014

New Direction?

Transition of Web Site:
See Here

New Direction?

SkunK

Removed

8-K See Here

". . . removed Edward Carroll, Richard Krablin, David Winsness and Gregory Barlage from their positions as officers of the Registrant. Mr. Barlage will remain employed as an executive . . ."

Pre-14C See Here

SkunK

The End?

Thursday, December 4, 2014

Friday, November 28, 2014

Tuesday, November 25, 2014

More Filings and an Update

1387 19 Pages of Lawyers Emailing Each Other

1387 Designation of Evidence

1388 Plaintiff under Seal

SkunK

PS  Document 1386, when one tries to bring it up, states:  "This document is not available."  This is normally what one sees on a sealed document.  It may be the item addressed in 1388?  Or something else?

Thursday, November 20, 2014

Ethanol Producer Magazine Article

Edward Carroll, CEO and chief financial officer of GreenShift, told Ethanol Producer Magazinethat while the case was being appealed, the company’s patents remained valid.  The next step for GreenShift is appeal. “We think the judge got it wrong,” he said, explaining that district court cases on patents that are appealed go to a specialized three-judge panel that only hear cases on patents. “It’s the only district court that specializes in patent law, only because it’s so complex,” he said. “In our case, we feel that the district judge did not understand the patent law, and hopefully on appeal the three-judge panel will see our view.”

See Here

SkunK

Update tiny

GERS Motion

SkunK

Friday, November 14, 2014

3Q is Out

On October 23, 2014 the District Court in Indiana ruled in favor of defendants on their motions for summary judgment alleging that the corn oil extraction patents that have been issued to GS CleanTech were invalid. The judge’s ruling in the MDL case is not final as there are additional issues in the case that are not resolved. The Company strongly disagrees with the Judge’s ruling, intends to mount a vigorous appeal and notes that all patents remain valid until the appeals process is exhausted.

On October 23, 2014 the United States District Court in Indiana, to which our patent enforcement actions had been assigned, entered summary judgment declaring that our principal corn oil extraction patents are invalid. The decision is not yet final, pending additional issues in the case.  We intend to appeal the decision at the appropriate time and believe that we will ultimately prevail. However, the decision may have an adverse impact on our licensing activities until we achieve a favorable result in the court of appeals.
See Here

SkunK
 
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