Thursday, August 18, 2011

Game on

Having reviewed Plaintiff’s Motion for Continuance [Dkt. 127], Defendants’ Response in Opposition [Dkts. 128 and 129] and Plaintiff’s Reply in Support of Motion for Continuance [Dkts. 131 and 132], the Court hereby DENIES Plaintiff’s Motion for Continuance.

It is so ORDERED this 17th day of August, 2011.
See Here

SkunK

Markman Hearing will go as scheduled - 9:30 am, 22 August 2011 - this Monday.

32 comments:

Anonymous said...

Is it a public hearing and if it is, will anyone be there to give us play by play?

Anonymous said...

gers wanted the time to bring more evidence to bear against the defense....the judge knowing this blocked that attempt....gers will appeal a decision unfavorable at markman based on this...it is good legal strategy....leaving options open..

nobody12378 said...

Is everyone getting the message now? A successful outcome of this litigation is not guaranteed. If, despite all the evidence supporting GERS, they are not able to ultimately prevail it is lights out for GERS. If they do prevail, as we expect, it is going to be a long haul; many months, perhaps years before we will see a cash infusion from this litigation. Anyone expecting a settlement has not been paying attention to the authoritative discussions on the Skunk Blog and elsewhere -- there is no financial reason for ICM to settle and not play out the entire hand. Any other expectation is just blind hope, just like a GERS share buy back. Thus, no cash settlement in the near future means that eliminating the toxic funding is unlikely. With YAGI conversions hanging over GERS head the ability for the PPS to move up is lessened. Until YAGI is gone, until dilution is no longer occurring, until balance sheets look more respectable we will have a long haul here. That has been my continuing message since the day I started to engage here. The window of return is likely years away. Nothing has really changed this picture and why we risk a significant drop in PPS post R/S.

Anonymous said...

Nobody, ICM may want to fight this out to the death but that doesn't mean all the other litigants will.
They are clients of ICM not subsidiaries. They can settle at any time and become GERS’ clients.
The GERS system is better, hands down! Sunoco, Advanced Bio and GPRE are direct proof of that. If we get the favorable Markman ruling a number of these litigants may settle and cause a trickle-down effect, especially if GERS waves the accrued fees. If more than half of them settle that would be a real slap in the face. ICM's strength and confidence may erode really quick.

Anonymous said...

Hey nobody everyone is sick of ur negative crap. Why don't u just sell ur stock and turn of the lights where ever u want to. If u don't believe in the company peace out and stop crying like a little girl.

Skribe said...

Right I don't think ICM is gaining any new customers unlike GreenShift.

nobody12378 said...

Objective perspective is not blasphemy as you imply. Why do you not change your wardrobe for cheerleader skirts? As for waving the accrued fees, how the heck are we going to get out of the YAGI vice without them? I have been supporting this company for for more than five years and I believe that it will take that much time, perhaps longer to see the gains that we all want. I am not a short term trick turner like most here, but I am a little girl. G'd I love pimping the cadets here.

Anonymous said...

I don't believe either party can appeal the markman ruling interlocutorily (before trial). anyone disagree?



With a favorable markman ruling GERS could seek a summary judgement before trial.

Anonymous said...

I wouldn't worry too much about the condescending Nobody. He likes to hear himself, or in this case read himself. He was completely wrong on the bid collapse after the announcement of the R/S. He is, however, right about the litigation taking longer than most think, but "lights out", not going to happen.

nobody12378 said...

I wish it were that simple. Google:

MARKMAN EXPOSED: CONTINUING PROBLEMS WITH
MARKMAN HEARINGS
Mark R. Malek*

nobody12378 said...

Give me credit for not standing behind the "Anony" curtain. I take positions and defend them. Not always right, but I have better track record with KK/GERS than most. Too many closet cowards here hiding behind the "Anonymous" moniker. What is the matter, afraid to come out and play this game of stock poker in the open? Any way, we should mess up the Skunk's blog with these character assassinations. If you disagree with someone provide data and insights not just the cheerleader chant.

nobody12378 said...

Sorry, I meant not mess up the Skunk's blog.

Anonymous said...

What do you want? Our names address and a blood sample?

After all, Anonymous and Nobody are pretty much the same thing right? What's the difference between the two besides you were wrong about the bid collapse some sold at 1 and can't get 'em back for less then to thanks to anonymous advise from a nobody!

Neil said...

In support of Nobody, "Nobody" is not the same as anonymous. We know his/her profile from various boards in which he/she has participated for many years. Whilst I don't agree with Nobody that, assuming positive settlement in the patent case it will still take years to get the market value we want, I think he/she is right in being cautious given the track record of management, much of which probably preceded many of the posters here and elsewhere.

nobody12378 said...

Neil,

I am not saying that it will take years to accomplish our goals for GERS IF there is cash settlement. I am saying that without it and incurring the resultant costly protracted litigation that these goals will not be met for a long time. Without the cash settlement how can GERS get out from under the YAGI toxic debt and its potential for large conversions, how can GERS absolutely prevent the dilution that is the "Sword of Damocles" for GERS, and how can it right its balance sheets? It can do this over an extended time, but how can it do this in a few months and not years without a cash settlement -- which is not the same as a court award?

Anonymous said...

Even though I still think Nobody is condescending I can agree with him on a couple of points. One being that this is going to take a long time to settle. If GERS wins a court award it will be headed for years of appeals. Cash settlement is the way to go, but let's be real, does anyone think that will happen? Not me.

Until Nobody, Neil or anyone puts up their real, full name, address and phone number it's just as good as Anonymous no matter where or how much you post. Anonymity reveals your true character. No?

Anonymous said...

Sword of damocles Batman how are we ever gonna get out of this mess. Nobody just sell ur piece already ur right its not gonna happen for this company u should save whatever u have invested these last five years and run. I m sure no one will miss ur little rants about how the sky is falling on gers.

Neil said...

Nobody,
Look at the cash flow spreadsheet I put together and that Skunk posted a couple of weeks ago. The trend is incontestable. I'll try to update it to December 2012 if I have time. By my very rough calculations, and based on income ONLY from the COES's in my list (ie those agreed and known by January 2011 - so excludes Sunoco, Advanced Bio etc) and with a conservative corn oil price I see them generating $15m of free cash flow in 2012. Furthermore, this ignores any income from equipment sales, which we know they have contracted recently. Given that total debt is currently approx $26m, they could conceivably clear that down to approx $11m by end of 2012. They may not even need to clear the rest, as at that point they easily have enough revenue/ cash flow to pay the interest. They may choose instead to replace it with more friendly debt financing given that they will have a track record to use by then. So to say this will take years is too pessimistic imo and ignores the positive info we already have. Not pumping, but we need to assess the positive as well as negative.
At that point, as I've said before the valuation here becomes momentum driven as the path to future riches becomes much, much clearer and undeniable. We could easily be looking at a market cap in the hundreds of millions, or 100 times where we are now.
I believe this could happen within the next year, assuming a positive outcome of the patent suit.

Neil said...

Anonymous,
I have put up my full name on this board, and from that my other details can easily be found. I'm not about to advertise it any more than that and leave myself open to cranks and wierdos, spammers etc. On the one hand you seem to indicate that you agree that being transparent carries more weight, then you do the opposite and expect us to respect your opinion.

nobody12378 said...

Neil,

I think that we are saying the same thing. Can you imagine the shape that this compnay would be in if next week at this time a cash settlement of say $25 million was announced? That shape needs to be compared to the time and effort it would take GERS to move to a similar position based only on the business growth that you are documenting. Can you imagine the importance of that settlement to ridding oursleves of YAGI, to expanding markets in the US and the world, to boosting the PPS post R/S?

Slashnuts said...

A cash settlement isn't needed to clear the debt. The company said that the licenses this year will generate enoungh revenue to repay it.

Before the litigation started, we had 4 or 5 COES extracting at 50% of capacity from 1/4 of a billion in ethanol production. The infringers under litigation make up roughly 800 million gallons of production.

We'll have 2 1/3 billion by the end of the year. The business we have now is the main profit driver that'll pay off the debt. The infringers are just an added bonus. Remember back when the infringers were considered the only hope of paying off debt? My oh my, how times have changed.

I believe a zero needs to be added at the end of your $25 million settlement figure.

One thing I've been waiting for is Greenshift to pull their other technologies off of the back-burner. The company is now strong enough and doing this as our most recent customer talks of using Greenshift's other technologies. This is a very good sign. Greenshift's other technologies compete directly with ICM's. ICM has mentioned they're having a bit of financial trouble with loans and selling of property, they're sounding weak. Go GERS!!!

P.S. I haven't seen any dilution in over a month.

Good Luck To All!$!$!$!$!$

Slashnuts said...

I wonder if GPRE is interested in GERS' other technologies?

ADRN up 169% today...WoW!

Anonymous said...

bottom line....if share price collapses....there never was an urgency to accumulate shares....never....

nobody12378 said...

Slash,

Did I hear you say 191%?

Neil said...

Nobody,
Why are you convinced that paying down the debt as I outlined in the cash flows would take so long to impact the sp. The market is a discounting mechanism don't forget - it's forward, not backward, looking. As soon as the path to manageable debt and significant free cash flow becomes clear then the market will re-rate the stock (ok - maybe not "as soon as" as this stock is not really on the radar, but there are enough greedy hands out there to want a piece of this and feed the momentum). I think you're right to be cautious I just don't buy into the slow manifesting of such a clear and persuasive business model.

nobody12378 said...

Because it is not the business model that will drive this until the aroma of the past history can be erased. That cannot happen without cash now for the stated purposes. Well, that's my thinking. I am willing to wait until all the aroma is erased by by good SEC filings, but many here are in it for the quick return which I do not think will happen without setllment cash.

GERS shareholder 257 said...

" As soon as the path to manageable debt and significant free cash flow becomes clear then the market will re-rate the stock". I think bigger investors will buy in but only logically when there is less risk and the potential for gain is much clearer. Issues are dilution from YA debt conversions and the reverse splits. Plus more clarity in the infringement case. With all the new licensees I think were set and things are moving along. The licensees ensure a long term revenue stream which in it's early stages will clear the debt.
The royalties are flowing in and the debt is being paid down. Equitable growth trend. Our commons are part of that equity. Another good sign is the amount of posts from shareholders. So many coming out of the woodwork, much enthusiasm. I'm sure word gets around.

dndnpirdtg said...

I think the hole in the balloon is the past dilution from conversions and the risk of more. Once that's removed I believe it will soar on current licensees, revenues and future growth potential in revenues and earnings.

Skribe said...

And of course potential of signing more and more licensees, EPA forecasts 60% extracting Corn Oil by 2013. GERS is the best and only legal way. I see the majority signing with GERS in next couple years.

Anonymous said...

Does ICM have patents on anything? I know they're just a construction company and they were denied corn oil patents in the past but do they have any ethanol tech patents? If they do Green Shift should just violate and sell whatever tech ICM has patents on. That way GS could make a ton of cash royalty free for many years before it ever ended up in court. Dave V would like that.

Anonymous said...

Does anyone have the exact docket number to search for this case on Pacer? TIA

* said...

Make sure you are using MDL tab.

put in 2181 for case number.

next screen you will see 12 cases but you want the master case on top. Click on "1:10-ml-2181" in top area.

then "history/documents"

Click cicle with "all events (history)" only, then click "run query"

If date of last update is anything past 18 august then you got something new so click on it and download it.


when you get something be sure to download to your desktop before you leave so you do not pay twice.

Good Luck and let me know when you find something. I expect it to be a few days before the judge gets ruling together but who knows for sure? It could be anytime. I will check a couple times a day if I am at a desk.

Good Luck to you

 
Free Blog CounterTamron