Digging through the new Filings . . .

The SkunK has tried to put together some more of the new original documents for all interested parties.

Here is a 20 page GreenShift PDF filing that makes the argument presented to the Judicial Panel on Multidistrict Litigation

Here are two spots that seem to agree that more litigation is on the way:

"Transfer and Consolidation Will Promote Efficient Pre-Trial management of any New Actions
Given the success of CleanTech’s corn oil extraction technology in the ethanol industry, and the fact that the ‘858 patent will not expire until at least January 3, 2028, CleanTech anticipates that it will pursue many additional actions against other ethanol manufacturers and/or extraction system suppliers. Pretrial transfer in a situation like this “will have the salutary effect of providing a ready forum for the inclusion of any newly filed actions in centralized pretrial proceedings.” P11,12

"Also, given that most of the ethanol manufacturers are located in the mid-western part of the United States, it is very likely that any one of the proposed three transferee forums would be geographically central to most – if not all – of the tag-along infringement actions that CleanTech anticipates will be filed." p.16

This PDF above also is a very good summary where we now are.
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The SkunK has found the initial request to consolidate the litigation:
Here is the 10 page PDF request to move

Summary of the Westfalia filings

NEW!!!!
Chippewa Falls Ethanol Company pays fine, and it costs StakeHolders $120K. 
Date: 2010-05-03
"In Benson, Minnesota, the Chippewa Valley Ethanol Company has agreed to pay penalties of $70,000 cash and $50,000 in supplemental environmental project costing to resolve alleged violations of the company's air quality permit. The violations which are deemed to have occurred in 2008 and 2009, revolved around the operations of the plant's biomass gasification unit and the burning of wood contaminated with lead or arsenic."  Also Here (half way down page) and at the CVEC web site HERE.

SkunK NOTE:  To put the fine above in perspective with the patent infringement litigation - If we assume that CVEC is producing 1.5mmgy of corn oil ($1.75/g) and they have been knowingly infringing GreenShift's patents (at treble damages) [{1.5m/12=.125m }{.125m x 7 x $1.75 x .6 = $918,750}], since the first patent issue about seven months ago, then they have already have damages @ over $900K.  (Not including possible pre-issue royalties @ 20% rate going back as far as patent publishing, legal costs, court costs,  fees, interest, fines etc.).  Just the treble royalty damages at the above rates are accumulating for Chippewa Valley Ethanol Company (and other plants) at about $4,315 a day. 

Royalties are Accuring  GreenShift has a statutory right to reasonable royalties for every pound of corn oil extracted with GreenShift’s technologies beginning as early as February 23, 2006, the publication date of GreenShift’s first patent.

SkunK thought:  As one can see from the list of  GreenShift patented COES top of right column, many in the Ethanol Industry have started with - or recently moved to get a GreenShift License. 

SkunK