Saturday, December 19, 2009

Most Actives From BestOtc.com

GERS is listed 5th under "Most Active Bulletin Board"

http://bestotc.com/?p=628


SkunK

Thursday, December 17, 2009

Article in ETHANOL PRODUCER MAGAZINE

Nothing here is news to us Greenshift-a-holics. However you should note two things here. This is the January 2010 issue of the Ethanol Producer Magazine. This is the white board for the industry. If someone in the Ethanol Industry did not already get the Greenshift patent news - they did now. The second thing the SkunK finds interesting is the aggressive public defense of the patent litigation and the mention of Westfalia in particular.

“The economic and environmental benefits to the ethanol industry made possible by our portfolio of patented and patent-pending extraction technologies are remarkable,” said Kevin Kreisler, GreenShift’s chairman and CEO. GreenShift contends that seven years after it started offering its corn oil extraction equipment to the ethanol industry and well after its patent applications were published, Westfalia trivialized those innovations as it solicited and influenced customers in the ethanol industry to use Greenshift’s now-patented technology. GreenShift’s team demonstrated the feasibility of its corn oil extraction technology for the first time in 2004, according to the company.

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Rest of Article
http://www.ethanol-producer.com/article.jsp?article_id=6187

SkunK

Wednesday, December 16, 2009

GREENSHIFT’S REPLY

Below are SkunK selected portions of this 15Dec2009 dated document in one of the three ongoing legal actions involving the Greenshift COES patents. The link below is for you if you wish to read the whole thing. I encourage you to do it . . .

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Plaintiffs’ (GEA WESTFALIA SEPARATOR, INC. and ACE ETHANOL, LLC) arguments in opposition to the motion to dismiss lack common sense.********
III. THE LEGISLATIVE HISTORY OF THE AMERICAN INVENTORS PROTECTION ACT OF 1999 SUPPORTS GREENSHIFT
Prior to November 29, 2000, United States patent applications were held in confidence until and unless a patent was actually granted. The American Inventors Protection Act of 1999, as amended by the Intellectual Property and High Technology Technical Amendments Act of 2002 (“AIPA”) (P.L. 106-113, 113 Stat. 1501 (1999); P.L. 107-273, 116 Stat. 1757 (2002))amended 35 U.S.C. § 122 to require that, in most cases, pending applications be published 18 months after the claimed priority date. The AIPA also provided for provisional royalty rights for the period between publication and issuance in § 154(d). The publication of patent applications and other proposed patent reforms in the AIPA generated fierce debates in and out of Congress.


See Ergenzinger, Jr.: “The American Inventor’s 5 See Lammon-Hilinski, Comment: “The American Inventors Protection Act: How Should The Courts Treat The ‘Substantially Identical’ Requirement Of The New Provisional Rights Statute?” 40 Duq. L. Rev. 667 (Summer 2002) (arguing that the identity standard should be different in reissue and provisional rights cases due to the different policies implicated). Case 1:09-cv-07686-LMM Document 26 Filed 12/15/2009 4 Protection Act: A Legislative History” 7 Wake Forest Intell. Prop. L.J. 145 (Winter 2006).

Rep. Rohrabacher (R-Calif) maintained that the 18-month publication provision would allow large multinational corporations to misappropriate technology from independent inventors, and went so far as to nickname one House bill that contained the publication provision (H.R. 400) the “Steal American Technology Bill.” See H.R. 811, 105th Cong. (1997).

One apparent compromise was Section 4504 of the AIPA, codified in amended 35 U.S.C. § 154(d), which allowed for provisional rights for the period between publication and issuance. This intended benefit apparently mollified some of the concern over the loss of confidentiality due to the 18-month publication rule in amended 35 U.S.C.§122. See 4 Chisum on Patents § 11.02[4][e] (“As compensation for the earlier disclosure of an inventor’s technology provided by eighteen-month publication, the 1999 Act created as an additional right of a patent, a ‘provisional’ right to compensation.”). The arguments offered by Westfalia and Ace would effectively nullify the benefit afforded by this compromise and create a cause of action against a patent owner that attempts to take advantage of the benefits of § 154(d). (Opposition, page 7)
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Finally, GreenShift continues to maintain that it is implausible that there is a direct causal connection between the allegedly improper § 154(d) notice and any alleged commercial injury suffered by Westfalia. (Opposition, page 24) Instead, Westfalia’s customers are displeased because Westfalia has contributed to and/or induced their infringement of GreenShift’s patented technology. Simply alleging a commercial injury does not establish causation
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Based on Stephens, it surely cannot be objectively baseless for GreenShift to believe that the recipients of the July Letters infringed the published claims and also infringe the amended claims. Thus, as did the plaintiff in Stephens, GreenShift had the right to send the July Letters and to await patent issuance to see if its infringement allegations were correct. It turns out GreenShift was correct.

Whole Document:
http://docs.google.com/fileview?id=0B_ch8gAs4lCcZDMzYjQzYTUtYmY1OC00NDc4LTgzMmUtZTcwYzc1OTkxOTNl&hl=en

Good Luck to Investors,
SkunK

Tuesday, December 15, 2009

Most Talked-about Technology in the Industry

ACE: BioFuels Journal Conference and Trade Show Highlights Advancements in Ethanol

More than one hundred of those on the cutting edge of the U.S. ethanol industry gathered recently for a Commercial Ethanol Technology and Research Workshop, discussing the latest in industry advancements.


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David Winsness of Greenshift presented on corn oil extraction and back-end fractionation, processes which can cut energy usage while improving production yields. New fractionation technologies mean ethanol producers can now get more of the extracted product than ever before.

Fractionation was a popular topic at the event, discussed by four different companies.

According to panel moderator John Caupert from the National Corn-to-Ethanol Research Center, fractionation is the most talked-about technology in the corn ethanol industry today. He believes that, as the economy improves, more ethanol producers will adopt fractionation processes.

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Rest of Article Here:
http://www.biofuelsjournal.com/articles/ACE__BioFuels_Journal_Conference_and_Trade_Show_Highlights_Advancements_in_Ethanol-86580.html

SkunK

Monday, December 14, 2009

OTC Pink Sheets Stocks to Watch

OTC Pink Sheets Stocks to Watch- 12/15/09
Discuss these stocks at http://stockstobuy.orgQED Connect, Inc (QEDN.PK)ACUMEDSPA HOLDINGS (AMSZ.PK)SPOOFEM.COM INC. (SPOF.PK)Western Capital Resources, Inc. (WCRS.OB)Blue Gem Enterprise (BGEM.OB)Cinnabar Ventures Inc. (CNBR.OB)Patient Access Solutions Inc (PASO.OB)Lehman Brothers Holdings Inc. (LEHMQ.PK)Cord Blood America Inc. (CBAI.OB)Arrayit Corporation (ARYC.OB)Black Hawk Exploration Inc. (BHWX.OB)Thresher Industries, Inc. (THRR.PK)HARD TO TREAT DISEASES (HTDS.PK)GreenShift Corporation (GERS.OB)Imaging Diagnostic Systems Inc. (IMDS.OB)AGR TOOLS, INC. (AGRT.OB)International Power Group Ltd. (IPWG.PK)BioElectronics Corporation (BIEL.PK)MedClean Technologies, Inc (MCLN.OB)

Rest Article At:

http://www.google.com/url?sa=X&q=http://daytradingstockblog.blogspot.com/2009/12/stocks-to-buy-121509-december-15-2009.html&ct=ga&cd=9INg6-uu0a4&usg=AFQjCNG79a9fs4X2UViom_NeAD3niNw2Lg

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SkunK

Thursday, December 10, 2009

Debt Restructure PR

" . . . an estimated 20% of the U.S. ethanol industry is using GreenShift’s patented and patent-pending extraction technologies today without a license, and GreenShift believes that the majority of the ethanol industry will license GreenShift technology over the coming years given the significant benefits to ethanol producers."

"We plan to provide important additional updates in this regard over the next 30-60 days, but the restructuring of the Senior Loans was and is a critical part of our plans."
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Kreisler added: “Being first at anything can be expensive. This was certainly the case for GreenShift, but we were able to develop and protect a strong intellectual property position with a portfolio of technology that was devised and is proven to deliver powerful competitive advantages to the renewable fuels industry – increased sustainability, reduced cost, reduced energy, and reduced carbon, all by integrating our technologies into the industry’s existing production assets.”

GreenShift’s extraction technologies increase biofuel yields per bushel of corn by 7% while reducing the energy and greenhouse gas (GHG) intensity of corn ethanol production by more than 21% and 29%, respectively. These benefits correspond to increased ethanol producer income of about $0.08 to $0.12 per gallon of ethanol produced at current market prices, and can be realized for less than 10% of the capital cost of the host ethanol plant. Further, the reduction in carbon emissions from use of GreenShift’s corn oil extraction technologies can be expected to benefit ethanol producers under the pending new EPA regulations.

Moving Forward

“Our chief goal for 2010 is to support the integration of our patented extraction technologies into as much of the U.S. ethanol fleet as possible,” said Kreisler. “This will be accomplished with a combination of licensing, prosecution of unlicensed use of our extraction technologies, and strategic partnerships with providers that have the capital resources needed to build new extraction facilities. We plan to provide important additional updates in this regard over the next 30-60 days, but the restructuring of the Senior Loans was and is a critical part of our plans. The reduced interest rate of the Senior Loans will allow us to save about $3 million per year and to raise additional capital to grow our business. YA Global has always been a solid partner and we are thankful to have their continued support as we use our technologies to build value for our shareholders and clients.”


REST Of ARTICLE

http://www.benzinga.com/press-releases/b58999/greenshift-and-ya-global-enter-into-restructuring-agreements

8-K Debt Restructure
http://www.greenshift.com/pdf/GERS_Form_8K_YAGI_Restructuring_12-9-09.pdf

SkunK

Wednesday, December 9, 2009

Restructure of the Legacy Debt.

The SkunK believes certain things have had to happen before we will see progress here. One was the ESYR Reverse Split. That allowed access to funding. That was done last week.

The second is a rework of the YAGI legacy debt so that any funding can be used to move Greenshift forward, rather than simply service a previous debt. I think we see movement on that today.

The third thing, and this is just a guess, is that on or about the one year anniversary of the GE deal being announced on Dec 16, 2008, (next week) we will have an announcement of the purchase target of ESYR. The SkunK has always believed that at least a significant portion of those proceeds will also be used to invest in building out the backlog of the Greenshift COES.

Do I Know this? No. Do I think that scenario is becoming more and more probable? Yes. (Am I always right NO!!!!) That's what the SkunK is thinking. . .
Good Luck.

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Under the terms of the Agreement, YA Global agreed to amend, restate and consolidate the Senior Loans into a single convertible debenture (the "A&R Debenture") in the original principal amount of $42,727,603. The A&R Debenture shall mature on March 31, 2011 and shall bear interest at the annual rate of 6%, a reduction from the average annual rate of 12% previously due under the Senior Loans.

Repayment Terms

Pursuant to the terms of the A&R Debentures, GreenShift shall pay YA Global the sum of $800,000 per quarter for the four calendar quarters commencing January 1, 2010, and the sum of $1,200,000 per quarter for the calendar quarter commencing January 1, 2011 (each, an "Installment Payment"). YA Global shall have the right, but not the obligation, to convert any portion of the A&R Debentures into GreenShift common stock at a rate equal to the lesser of (a) $1.00 or (b) ninety percent (90%) of the lowest daily volume weighted average price of GreenShift common stock during the twenty (20) consecutive trading days immediately preceding the conversion date. Each Installment Payment shall be reduced by the amount of any conversions performed by YA Global on a cumulative basis. YA Global will not be permitted, however, to convert into a number of shares that would cause it to own more than 4.99% of the outstanding GreenShift common shares.


http://www.sec.gov/Archives/edgar/data/1269127/000126912709000154/0001269127-09-000154-index.htm

SkunK

Friday, December 4, 2009

EcoSystem ESYR

ESYM is now ESYR
http://ecosystem-esyr.blogspot.com/

http://finance.yahoo.com/q?s=ESYR.OB

SkunK

Financing for GERS?

ESYM announces 30 Nov R/S. This means that the $76M and $13M in financing will soon be started to be released.

http://ecosystem-esyr.blogspot.com/

http://www.sec.gov/Archives/edgar/data/1127242/000126912709000150/esyr8k12309.txt

Remember the first goal is to get a distressed Ethanol Plant. An investment in GERS COES could be included in the other objectives listed:

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USE OF PROCEEDS

Under the terms of the USA, the Company is permitted to use the Senior Purchase Price proceeds to facilitate (1) the acquisition by the Company of several distressed corn ethanol production facilities, (2) the acquisition and/or construction by the Company of existing corn oil extraction facilities and/or other strategically compatible cash flow producing assets, and (3) the development and integration of the Company's Cellulosic Corn(TM) technologies into the Company's acquired corn ethanol plants.

http://www.sec.gov/Archives/edgar/data/1127242/000126912709000072/esym8k73009.txt

SkunK


Wednesday, December 2, 2009

Richard Krablin, Phd

Richard Krablin, PhD Executive VP, Special Projects, GreenShift Corporation was chosen to be one of the international selectors for the Biofuels Digest contest.

The invited international selectors for the 2009-10 50 Hottest Companies in Bioenergy:

http://www.biofuelsdigest.com/blog2/2009/12/02/biofuels-digest-50-hottest-companies-in-bioenergy-international-selectors/


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SkunK

E15 Ethanol Blending

McCarthy added, “Our engineering assessment to date indicates that the robust fuel, engine and emissions control systems on newer vehicles (likely 2001 and newer model years) will likely be able to accommodate higher ethanol blends, such as E15.”

In light of the current testing data, McCarthy continued, “the Agency will be taking steps to address fuel pump labeling issues to ensure that customers use the proper gasoline for their vehicles and equipment, should the use of ethanol blends greater than 10 percent be ultimately approved.”

Rest of Article here:
http://www.biofuelsdigest.com/blog2/2009/12/02/epa-indicates-e15-blending-ok-is-likely-but-delays-ruling-to-mid-2010/

EPA Letter Here:
http://www.epa.gov/otaq/additive.htm

SkunK
 
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