Tuesday, December 7, 2010

SIRE update

Remember back in July when ICM unloaded one of their two tricanter flottweg centrifuges - to SIRE - in their Inventory Blowout Sale?

They made a public filing of their "not so secret", confidential aggreement as SEEN HERE.  Sire bought the discounted tricanter knowing that:

". . .civil actions filed by GS Cleantech against third parties asserting, among other things, that the Tricanter Equipment infringes one or more patents held by GS Cleantech and/or Greenshift Corporation (such litigation and similar potential litigation involving SIRE, collectively, the "Patent Litigation")."

Well they have now made an agreement with Bunge North America, Inc, to market their corn oil.  They have told Bunge that  " . . . SIRE will use its commercially reasonable efforts to ensure the corn oil extraction equipment is installed at the Facility no later than April 1, 2011."

(Why do some people always pick April Fools day?  I never know if they are serious - lol)

For you nuts and bolts types - I find the "Free Water & Sediment Test Method for Corn Oil" interesting at the end of the detailed agreement HERE.

SkunK

7 comments:

Slashnuts said...

"14. Indemnification.


14.1 Indemnification By Producer. Producer agrees to indemnify and hold Bunge harmless from any Loss suffered or incurred by Bunge arising out of, or in any way relating to:


(f) any claim or allegation that the making, use, sale or offer of sale of Corn Oil infringes or has infringed at any time upon any claims under patents or other intellectual property rights held by any other party;"

Slashnuts said...

This from their October news letter...

"We are looking forward to the installation and start up of our corn oil tricanter system in November."

Bungee is across the highway from SIRE. One can see the building from the other.

At least Bungee is smart enough not to get sued.

With no Tricanter patent protection, will SIRE license with GERS?

The Galatian Free Press said...

Pirate infested waters!

The Galatian Free Press said...

Time to call on the USS Abraham Lincoln!

The Galatian Free Press said...

The way patent law works, pirates end up paying 3X the normal royalty rate, plus legal fees on both sides, when they lose the case.

Crime doesn't pay.

Quite frankly, I believe that they should consider themselves lucky that there aren't personal, criminal penalties on top of the civil damages.

Car thiefs can spend years in prison for stealing a $30,000 car. Patent pirates often steal hundreds of millions of dollars at a crack.

Anonymous said...

SIRE is operating under a invalidity opinion and thus is not subject to 3X damages and willful intent. Why they didn't go with a much better Greenshift system is the real mystery. ICM systems have failed in all but a few applications. SIRE will get screwed in the end but they had it coming.

Anonymous said...

I understand the invalidity opinion as a defense. All it really is is you saying I thought I could violate a patent cause they said it was ok. I think a jury understands that you buy those. If you pay enough you can get an opinion that you can call your Hamburger joint "McDougals - with the Golden Arch"

I think a jury, and maybe even a judge will see through that BS. Watching someone gaming the system to steal something will piss off a normal person. (Although it might impress a few lawyers)

 
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