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.

Friday, October 14, 2016

Appeal 16-2231

Thanks to "Nobody" on the last post comments for the lead on this appeal.  It appears to be an appeal by Adkins Energy.

Adkins Energy, LLC appeals to the United States Court of Appeals for the Federal Circuit from the final judgment entered May 23, 2016 and from all adverse orders and rulings subsumed in that judgment, including but not limited to the orders denying Adkins’s claims for recovery of damages for payments made to satisfy liens for which Adkins received an assignment and denying Adkins’s claim for damages and/or injunctive relief based on CleanTech’s breach of an oral contract not to sue Adkins.

See Here


Wednesday, October 12, 2016

Wednesday, September 21, 2016

Case(s) Closed

Pacer shows Greenshift has all its legal cases closed as of 9/15/2016.  The next event I anticipate will be the filing of an appeal.


Thursday, September 15, 2016

The Opinion and More

Judge's Opinion Here


GreenShift Provides Update

Information from Greenshift.

The court ruled last week that the Patents in Suit were additionally unenforceable because of inferences that our inventors and attorneys engaged in inequitable conduct by knowingly withholding material information with an intent to deceive the U.S. Patent and Trademark Office (“USPTO”).

Both rulings are appealable. We disagree with the court's conclusions in each ruling, and believe that each decision relied heavily on an erroneous determination that the inventions were reduced to practice in 2003 as a result of limited, small-scale bench testing.

Nevertheless, the USPTO allowed CleanTech’s patents after considering the very information that the court found to have been withheld from the USPTO, and upon which the bulk of the court’s recent ruling was based.

We are eager to finally mount our appeal

See Here


Friday, September 9, 2016

Something Moved

The last legal filing I have on Pacer (for months) was #1649.  Today I finally got a change on 1650.  It now says: "You do not have permission to view this document."  This makes me think that there NOW is a document 1650?  Radical logic?  Is the ice about to break?  Is the judge ready to give his opinion?   I will try to keep a close eye on the outcome.  When I find something out - so will you . . .


Friday, June 17, 2016

Bugs from the Past

The name Glen Courtright takes us back to 2008.  Years later he is still at it - just got bought out by Intrexon.

"The oils can be extracted, which boosts the protein content to above 70%."  

See Here


Tuesday, May 24, 2016

Bench Trial Transcript

I have stirred from my slumber.

Here we have the last 70 some pages of the bench trial transcripts. Looks like there are well over 1500 pages.  They were ready on Feb 11th or so and each group had 90 days to fight it becoming public. It is now public and I am posting the end of the trial and the closing arguments.  If you want to read the whole darn thing then you need a Pacer account.  :~)  No decision yet that I can see since this item is the last posting on Pacer . . . 

See Here


Monday, February 15, 2016


On December 31, 2015 YA Global Investments, LP ("YAGI") and GreenShift entered into a Settlement Agreement pursuant to which YAGI accepted, in satisfaction of $14,196,897 of principal an interest accrued on debentures issued by GreenShift, a cash payment of $2,000,000 and the execution of a Royalty Agreement by GreenShift and its affiliates.
The Royalty Agreement provides that, for an indefinite term, GreenShift and its subsidiaries will pay to YAGI a royalty equal to 15% of all Intellectual Property Income earned by any of them.  "Intellectual Property Income" is defined in the Royalty Agreement to encompass all payments received under, with respect to, or in connection with any intellectual property, including payments made by licensees, and including any amounts paid in settlement or as an award of damages arising from third party infringement of the intellectual property rights of GreenShift or its subsidiaries, provided that Intellectual Property Income by reason of settlements or awards will be reduced by the amount of any legal fees and expenses incurred in obtaining the settlement or award.
On the same date, GreenShift deposited $400,000 in cash into escrow in anticipation of settling an additional $2,939,300 in principal and interest due from GreenShift to various assignees of YAGI ("YAGI Assignees"). The YAGI Assignees have until March 31, 2016 to accept the relevant settlement terms.
Transfer of Controlling Interest
On December 31, 2015, FLUX Carbon Corporation, an entity owned by Kevin Kreisler, GreenShift's CEO, transferred its ownership interest in Viridis Capital LLC to Bitzio, Inc., a Nevada corporation (OTC Pink: BTZO) ("Bitzio"), in exchange for an 80% equity interest in Bitzio. Viridis Capital was, at the time of the transfer, the owner of 800,115 shares of Series D Preferred Stock issued by GreenShift.
Royalty Amount.  For good and valuable consideration, the Obligors agree from and after the date of this Agreement to pay to the Lender (at the times and in the manner set forth in Section 2.2 below) ongoing royalty payments equal to fifteen percent (15%) of all of the Obligors' Intellectual Property Income (the "Royalty").
Obligor's Existing License Agreements

Early Adopter License Agreement dated April 16, 2012 between GS CleanTech Corporation and ABE South Dakota LLC.
Early Adopter License Agreement dated July 8, 2011 between GS CleanTech Corporation and The Andersons Clymers Ethanol, LLC.
Early Adopter License Agreement dated July 19, 2011 between GS CleanTech Corporation and The Andersons Marathon Ethanol LLC.
Early Adopter License Agreement dated December 1, 2010 between GS CleanTech Corporation and Pixley Ethanol, LLC (Calgren).
Early Adopter License Agreement dated July 1, 2010 between GS CleanTech Corporation and Center Ethanol Company, LLC.
Early Adopter License Agreement dated October 1, 2011 between GS CleanTech Corporation and Chief Ethanol Fuels, Inc.
Early Adopter License Agreement dated December 7, 2010 between GS CleanTech Corporation and Patriot Renewable Fuels, LLC, as amended (CHS Annawan).
Early Adopter License Agreement dated August 3, 2010 between GS CleanTech Corporation and Corn, LP.
License Agreement dated July 6, 2011 between GS CleanTech Corporation and Abe Fairmont, LLC, as amended (Flint Hills Resources – Fairmont LLC).
License Agreement dated June 1, 2013 between GS CleanTech Corporation and Platinum Ethanol LLC, as amended (Flint Hills Resources – Arthur LLC).
Early Adopter License Agreement dated July 19, 2010 between GS CleanTech Corporation and Green Plains Renewable Energy, Inc., as amended.
Early Adopter License Agreement dated February 15, 2011 between GS CleanTech Corporation and Green Plains Commodities, LLC (LAKOTA).
Early Adopter License Agreement dated February 15, 2011 between GS CleanTech Corporation and Green Plains Commodities, LLC (RIGA).
Early Adopter License Agreement dated January 29, 2014 between GS CleanTech Corporation and Illinois Corn Processing LLC.
Early Adopter License Agreement dated July 10, 2012 between GS CleanTech Corporation and GTL Resource USA, Inc. (IL River Energy).
Early Adopter License Agreement dated April 1, 2010 between GS CleanTech Corporation and Marquis Energy, LLC, as amended January 1, 2011.
Early Adopter License Agreement dated April 1, 2010 between GS CleanTech Corporation and Marquis Energy – Wisconsin, LLC.
Early Adopter License Agreement dated October 2, 2012 between GS CleanTech Corporation and MGPI Processing, Inc.
License Agreement dated May 31, 2011 between GS CleanTech Corporation and Sunoco, Inc.
Early Adopter License Agreement dated June 11, 2010 between GS CleanTech Corporation and United Ethanol, LLC, as amended.

Greenshift Rebirth? or Greenshift Makeover?

GreenShift Corporation (OTCQB: GERS) ("GreenShift" or the "Company") today announced its completion of a series of transactions resulting in the reduction of GreenShift's total liabilities to an estimated $14 million as of December 31, 2015.

The Company expects to reduce an additional $3 million in debt prior to March 31, 2016, in exchange for about $400,000 in cash, which has been deposited in escrow pending acceptance of settlement terms by the various debt holders. If those additional settlements are completed, GreenShift's remaining liabilities will be primarily comprised of about $8.5 million in convertible debt.

"We intend to eliminate the balance of the Company's overhang on shareholder-friendly terms and press towards a simplified capital structure as quickly as possible," said Kevin Kreisler, GreenShift's Chief Executive Officer. "Our plan to do so involves the restructuring and elimination of the majority of our remaining convertible debt, followed by the conversion of our preferred stock into common stock. We believe that these steps will be important to our ability to raise growth capital, which we hope to achieve this year on favorable terms and at valuations in excess of those reflected by the current price of our stock."

See Here


Litigation Update

Although we do not have a verdict in the bench trial, we do have reference to the transcripts on PACER.  The best I can tell, the public does not have access to it until 11 May.

Last year: See Here 

You do not have access to this transcript.
TRANSCRIPT of Bench Trial, Volume 8, Pages 1476-1553 held on October 15, 2015 before Judge Larry J. McKinney. (78 pages.) Court Reporter/Transcriber: Cathy Jones (Telephone: (317) 423-0436). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/3/2016. Release of Transcript Restriction set for 5/11/2016. Associated Cases: 1:10-ml-02181-LJM-DML, 1:14-cv-08020-LJM-DML(Jones, Cathy)

We also have some recent filings:

Supplemental Authority

ICM wants to destroy old files.

Judge says no.


Friday, January 29, 2016

FLUX Carbon Corporation (“FCC”) aquires GERS

See Here

ALPHARETTA, Ga.--()--FLUX Carbon Corporation (“FCC”) today announced the completion of a series of transactions pursuant to which it acquired majority equity stakes in Bitzio, Inc. (OTCQB: BTZO) and GreenShift Corporation (OTCQB: GERS).
“The recently completed transactions were structured to eliminate the majority of the combined company’s convertible debt and the associated overhang”
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The transactions additionally involved the completion by Bitzio of $2.9 million in conventional debt financing, the acquisition by Bitzio of 80% of GreenShift, and the satisfaction and elimination by GreenShift of about $14 million in debt.
FCC and GreenShift have assembled a portfolio of intellectual properties with application potential in three sectors: agriculture, energy, and lifestyle. The technologies cover renewable fuels and chemicals, solar energy and fuels, energy and chemical detection, cannabinoid extraction, wearables and consumer products, among others. The recent transactions are part of FCC’s broader plan to bring those technologies to market.


Wednesday, December 30, 2015

Long Side Ventures LLC stake in GERS

Not sure if this is so much a buy as it is a settlement.

See Here


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