GreenShift must file any amendments and additional preliminary injunctions by COB Monday as reported Here and Here.
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November 15, 2010, plaintiff amendments to their existing complaints due.
November 15, 2010, CleanTech additional motions for preliminary injunction due.
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Also we need to watch for additional cases - since any more infringement cases are due November 24, 2010. Hopefully that approaching deadline will encourage some on the sidelines to settle. Deadline is only about 8 business days away - the day before Thanksgiving. We will either be notified first by Press Release - or you can track the continuous feed/scroll on the site HERE if another infringement case is filed. If you want to do a "search lawsuits" on that site I recommend you copy paste: gs cleantech
Click "all courts" and radio button select at least "patent" - more if you like. You should be able to do a search without even having a log in.
SkunK
Friday, November 12, 2010
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2 comments:
Either SIRE is leading itself and it's investors directly into a lawsuit, or they will soon announce a license agreement with Greenshift.
http://www.prnewswire.com/news-releases/sire-issues-ceo-quarterly-letter-104164538.html
"We are looking forward to the installation and start up of our corn oil tricanter system in November."
SIRE is using a Flottweg Tricanter and the patent for that belongs to Greenshift. If SIRE continues, they're setting themselves up for triple the damages for intentional infringement. The Tricanter system being installed by ICM has been denied for a patent sereral times.
"The PTO has rejected the pending claims in the Flottweg Application on the basis that GreenShift’s pre-existing patent application directed to its corn oil extraction process, in combination with other prior art, renders Flottweg’s claims obvious. In an office action rejecting all of Flottweg’s pending claims, the PTO underscored the distinction between GreenShift’s corn oil extraction process itself and the equipment used in GreenShift’s corn oil extraction process, and the PTO stated the following in connection with the cited pre-existing GreenShift patent application: "
“The means or device for recovering oil [taught by GreenShift in its patent application] … may comprise any suitable device for separating oil from a mixture, such as a gravity separator (which advantageously requires no additional energy input to effect separation and, thus, further enhances efficiency), a centrifuge, a disk-stack centrifuge, a centrifugal decanter, or an evaporator. … Moreover, in addition to a self-cleaning bowl type centrifuge as the means for recovering oil from the thin stillage, a nozzle bowl disk stack centrifuge would work, as could a horizontal centrifugal three phase decanter.”
“Any claim that use of Flottweg’s horizontal decanters or ICM’s repackaged corn oil Tricanter system will avoid liability for infringing our patents is false,” said Kevin Kreisler, GreenShift’s Chief Executive Officer. “Flottweg and any other equipment suppliers, service providers or other parties that knowingly subsidize, contribute to or induce infringement of our patents will be held accountable.”
A while back, SkunK reported on an agreement where ICM and SIRE would do a joint defense. The agreement was said to be terminated upon the private document going public. That document went public.
15."Confidentiality of Agreement. This Agreement is confidential, and the Parties expressly agree that this Agreement is part of the joint defense of the Patent Litigation, and the efforts by the Parties to protect their common legal interest. Accordingly, this Agreement shall not be disclosed or produced to third parties."
"8.Termination. This Agreement shall terminate as to any Party upon the earlier of:
a. An election by a Party to withdraw from and terminate participation in the Agreement, which election shall be effective only after ten (10) days written notice to all of the other Parties to the Agreement.
b. The settlement or final resolution (including all appeals) of all claims asserted by and against any parties to the Patent Litigation."
http://www.faqs.org/sec-filings/100716/SOUTHWEST-IOWA-RENEWABLE-ENERGY-LLC_8-K/form8kexh101_071610.htm#ixzz155ShrWRn
I live just a few miles from SIRE, my sources indicate that SIRE will license with Greenshift.
I beieve this document was supposed to be kept confindential and private, but was made public upon termination of the agreement. I think SIRE decided to license with Greenhift and withdrew from the agreement...That's the only explanation of this document going public.
15. "Confidentiality of Agreement. This Agreement is confidential, and the Parties expressly agree... that this agreement shall not be disclosed or produced to third parties.
8. Termination. This Agreement shall terminate as to any Party upon..
a. An election by a Party to withdraw from and terminate participation in the Agreement..
b. The settlement... by any parties to the Patent Litigation."
Good Luck To All!
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