Friday, August 12, 2011

Markman Hearing

GreenShift requests the Markman hearing be moved to mid-October.  Here are some SkunK excerpts to give you a flavor of why.  Link for entire filing is at the end of blog.
**************
On August 10, 2011, the USPTO indicated that the ‘231 Application will issue on August 30, 2011 as U.S. Pat. No. 8,008,516 (“the ‘516 Patent”). CleanTech will seek to add the ‘516 patent to the instant lawsuit once the patent issues on August 30, 2011. The requested continuance is necessary to allow the patent application to issue and to supplement the Markman briefing.

If the continuance is not granted, after the ‘231 Application issues as a patent, CleanTech will be required to initiate new litigation against the Defendants and proceed through the MDL process to consolidate the individual cases with or without the instant MDL matter. This process is likely to take six months or more.

On August 9, the Defendants responded that they do not consent to the continuance.

Clearly, interpreting these related patents at the same time is the most efficient way to accomplish the correct claim construction.

Defendants are well aware of CleanTech’s allowed patent application. CleanTech’s patent application was previously allowed by the USPTO. However, as a result of prior art and invalidity contentions sent by Defendants and other third parties, CleanTech withdrew the allowed patent application from issue in order to submit the alleged invalidating art to the USPTO. The allowed patent application has survived the submission of the prior art and is now poised for issuance. Given their awareness of CleanTech’s patent application, and that any delay in the issuance was at least partially due to their actions, Defendants will not be prejudiced by a delay in the scheduled Markman hearing.
****************
SEE Entire 9 page filing Here

SkunK


For all you Gippers out there who live by the expression - trust but verify - here is another SkunK exclusive.  This is the 10 August USPTO notification to GreenShift.  SEE HERE (click to enlarge)
To get you ready for NFL color analysis, I circled the application number, checked the proposed application date and twice arrowed the "proposed new patent number".

19 comments:

Anonymous said...

there will be nothing to hold price up after the R/S...and i am major long this issue....I have no heart to average down again...If it is not moving up in price now, a month from now will not matter...

larry

Anonymous said...

agreed...I gotta say kk is good scam artist he got me unfortunatly

Anonymous said...

No nuts no glory larry

Merchant0100 said...

The longer it drags on the more their liabilities accrue.
The defendants case is weak with what GreenShift currently has. If they wait GreenShift gets stronger and the infringers tab grows. So with expected inevitable loss I would say the infringers would want to settle sooner, therefore the do not want the Hearing date extended. Their tab goes up, GERS gets more ammo against their already weak case. Of course GreenShift would like it because the infringers liabilities would accrue more, a bigger settlement.

My opinion.

Merchant0100 said...

Could be a tactic to pressure them into settling. Infringers dont want it. The longer the wait the heavier the bill. Greenshifts case will only grow stronger with the new patent. Since ICM, etc.. case is already weak, if the extension is granted the tab in the final outcome will be devastating for them.

Anonymous said...

share prices can plumit in 30 seconds....what are you all talking about?

the price will not hold .20 the day of the split

and it saddens me, you have no idea!

Anonymous said...

Widespread fear is a tell for me to buy. A stock can be beat down past reason. I am a 2-year long, through the 2nd reverse split. If the stock price doesn't hold, I'll wait for it to bottom and average down again. We all just have to get thru the end of the year with this turmoil, but I still feel as I originally did, this is a leader in the industry, on the cusp of greatness!

nobody12378 said...

The tenor of these comments is right on. There is now nothing, short of signing Valero or ADM, that will support the PPS post R/S. A settlement was the last possibility but as I have written widely this was not going to happen. We have two options now: 1) sell and average down after the R/S or 2) if the fees are too high to sell average down after the R/S. Frankly, doing neither is not an option. I believe the PPS will be much less than a nickel a share soon after the R/S and I will be looking for an entry point that will be significantly better than the post R/S equivalent 0.0002 Buying today at 0.0002 is unwise.

Anonymous said...

Nobody, i completely agree with you. Post reverse-split from .20 to bottom out again is a great time to buy. More bang for your buck at 14 million outstanding than current .0002s. To realize the full multipes of return on investment in gers, a long must 'double-down' due to the reverse splits...i believe the splits were necessary, however, as long as KK doesn't throw us any unpleasant surprises, we're home free....

Anonymous said...

the only question for share holders....What will hold up share price???...Can a company like gers that is paying off legacy debt and saving some earnings as cash be worth less than 1.4 million???..can the future value not matter in the here and now?...when will it matter?...is this a set up to let favored investors buy when the company is, lets say, priced at 104,000 dollars....what is the market price for this thing?

how

Anonymous said...

The problem with selling and then buying back is when you plan on buying back at a lower price, it could be higher. A financing deal, a buyout, a settlement, a major investment, could come out of the blue and leave you at the railroad station as the express flys by at 180mph. That would be unfortunate.

Of course if you have had a 100% track record predicting the price of this stock then you should take that chance. If, like the rest of us mortals you have been occasionaly surprised, then you might want to just keep some dry powder for a buying opportunity.

Vood2angel said...

I agree with Merchant0100, The longer it drags on the more their liabilities accrue. I'm, however, beginning to wonder if the litigants would realistically be able to pay treble damages if the bill keeps growing. If the litigants are in an illiquid state property takes time to liquidate and GERS needs cash more than property at the moment. Any thoughts?

Anonymous said...

some/all litigants will never recover from paying the treble fees...that is the point..gers in theory could take possesion...what is GERS worth??? really?

litigants have nothing to loose fighting for years they are probably unviable business at this point...

Anonymous said...

I know this is all civil law, but it should be crimminal law to intice others to violate patent law.

If you talked some half-wit into robbing a liquor store, and then took half the liquor from him, don't you have some criminal liability?

Why should you be allowed to intice others to violate patent law by offering a phony emdemnity, profit from others patent violation, and not be subject to criminal law?

If I was greenshift I would rent the place next to ICM owner's house and watch where he is burying the coffee cans in the yard at night. You just know he is hiding his personal assets.

Skribe said...

I don't see why it would take so long? GreenShift has patents and it's clear that ICM, etc... are infringing. The evidence is all there.

Anonymous said...

all i want to understand....what will stop the share price from plumitting immediately following the R/S

Anonymous said...

The company seems to be doing great from a growth perspective. They have also done their best to pay down the debt principal on the convertible debt, but they don't seem to be keeping enough of the money they get to cover the interest and their expenses, which so far has lead to more dilution (about 20% drop in share value for the last few months). Would anyone actually hold on to a stock that keeps dropping at that rate? The other looming issue is the maturity date of December 2012 where pretty much all of the convertible debt will mature. To pay off that debt with new financing will require them to have significant, consistent net income. Will that happen any time soon? These two things will probably bring the share price down after the R/S. I will keep a small amount of stock in case the patent infringement settles, but will need to hold cash to buy in at a much lower share price.

AverageDude said...

IF they dont dilute when we R/S the price is NOT going to tank that far down. There are too many people involved here who will GOBBLE up 14million lousy shares if the price does go down. Lets say it does tank to a penny...you mean to tell me I could drop 100k on shares at that point and own like 7percent of THIS company? NO WAY WOULD I BE THAT LUCKY. The demand is here for this thing and its growing. The only way this thing bottoms out is if they dilute, which would cleary SUCK....but knowing what lies ahead for this company, I would average down, and it would be shortsighted and foolish for others to not do the same. JMO. GL all.

AverageDude said...

And it turns out i would own 67% of the company if I spent 100k. Not going to happen. This thing should explode to a dollar when they R/S. I for one will be buying over a grand worth AS SOON AS we R/S. 14k for 1percent of this company is CRAZY knowing where we are headed. The debt is the only real area of concern, not because we cant pay it off, but just the route that will be taken to pay it off. The fact KK has throwin 8mil of his own moeny into the pot to keep value for shareholders leads me to believe he is one of us and looking for the best way to do this thing. Bring on the R/S....just dont freaking dilute! and if you do wait for it to get to a dollar a share and slowly dilute 14million more shares, so the float is still insanely low and they've taken care of business. We are sitting SOOOO pretty we don't even realize it. Literally the Big Fish in a brand new proven $$$$ industry. Wow, just wow. We are lucky we even know about this stock.

 
Free Blog CounterTamron