NOA Follow up

Here is some SkunK-search that seems to support the recent GreenShift PR:

Notice of Allowance

Notice of Allowance Form

SkunK

An Outside Review

GERS closed 100% up yesterday on 78 million shares! This could have been exciting if it meant something other than that the price at the close was $0.0002. Assuming all trades were buys at $0.0002 the dollar volume for the day would have been about $15 thousand.
See Article Here

SkunK

PS.  Whether you agree or disagree with everything the author says, you might want to vote for (or against) the article at the arrows in the title.  Large interest in the subject will likely generate more coverage.  Something we can (nearly) all agree on . . .

ICM claims 4 Plants Commit to AOS

Four ethanol plants have committed to installing ICM’s new patent-pending Advanced Oil System (AOS) corn oil extraction technology. According to ICM, AOS uses an emulsion-breaking approach to deliver a higher oil recovery rate than other technologies. The system can be added to plants without any current corn oil technology via separate skid mounted units or a modified version can be added to plants that currently have ICM’s first generation corn oil extraction technology.

SEE ARTICLE HERE

SkunK
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According to ICM HERE: 

"The Advanced Oil System design and method falls outside of all patent claims of GreenShift Corporation’s patent, according to Brian Burris, general counsel for ICM." 
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According to GreenShift HERE:  

"David Winsness, GreenShift’s Chief Technology Officer, said that “We are aware of no practical method to recover corn oil from stillage that is not covered by our patents, including processes involving ‘staged’ recovery of oil from emulsion layers, . . "
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SkunK Questions?  ICM is now saying this new process is outside the GreenShift patent claims.   Does that imply they now accept that the old process was within the claims? 

David Winsness, GreenShift’s Chief Technology Officer, added: “ICM and others have stated their view that our corn oil extraction patents were issued in error and should be declared invalid as obvious and unpatentable."   [So why is ICM now trying to patent their corn oil extraction, and claim they discovered a way to skirt the GreenShift's patents?]

Guess these are some reasons the courts are so busy.

GERS Market Mover

see here

SkunK

nEW pATENT noa

On Tuesday June 28, 2011, 8:00 am

ALPHARETTA, Ga.--(BUSINESS WIRE)-- GreenShift Corporation (OTCQB: GERS) today announced that the U.S. Patent and Trademark Office (“USPTO”) has issued a notice of allowance for patent application number 12/559,136, titled “Method of Recovering Oil From Thin Stillage” (the “’136 Patent Application”).

Increased Strength

The new notice of allowance is the second allowance issued by the USPTO on this particular application. To further strengthen its legal position, GreenShift previously requested the USPTO to withdraw the earlier allowance and review all of the materials submitted by all of the defendants in GreenShift’s current patent infringement litigation, including ICM, Flottwegg, and Westfalia in support of their invalidity arguments. The USPTO issued the new notice of allowance for the ‘136 Patent Application in spite of everything raised by each and every defendant, including ICM.

GreenShift believes that the allowance of the new patent by the USPTO is further substantial confirmation of the validity of GreenShift’s patents, and significantly increases the strength of GreenShift’s legal position in asserting its claims of infringement of its corn oil extraction patents.

GreenShift will continue to protect the competitive advantage of its licensees. David Winsness, GreenShift’s Chief Technology Officer, said that “We are aware of no practical method to recover corn oil from stillage that is not covered by our patents, including processes involving ‘staged’ recovery of oil from emulsion layers [ICM], recovery of oil following cold fermentation [Poet], and use of chemical additives [Ashland]/[U.S. Water Services]. We welcome and expect innovation, however, we also expect any and all use of our technologies to be lawful.”

see WHOLE article here (GERS Site)
AND
SEE HERE

SkunK
Information in brackets above is a SkunK-stimate
Some will notice that this mirrors this press release in APRIL 2011.  You will notice it is a different patent - however GreenShift is using the same tactic - strengthening their legal position by having the patent office review the 'evidence" being brought up in the litigation case by the defendants. 

GERS Stock to Watch - for June 27th

See Here

SkunK

Clean Tech Stocks ZERO, GERS and CCGI Have News, Do They Have Viability?

At the end of last week, clean tech stocks ZERO, GERS and CCGI all had "news" on what could be considered a slow news day.


•GreenShift Corporation (Public, OTC: GERS) develops and commercializes clean technologies and is specifically focused on green technologies to improve the profitability of licensed ethanol producers. On Friday, GreenShift Corporation announced that it has licensed its patented technology for the extraction of corn oil to Sunoco for use in their corn ethanol manufacturing facility. Hence, GreenShift Corporation rose 100% to $0.0002 a share on a trading volume of 245 million shares verses an average trading volume of about 119 million shares. Investors should note that GreenShift had revenues of $7,718, $2,716k, $1,720k and $2,029k for the past four quarters and net income or losses of $10,134k, –$4,026k, -$3,022k and –$2,160k respectively – warranting a much closer look at the company’s recent Edgar financial filings.
SEE Article HERE


SkunK

ICM Site Softens?

The corn oil extraction ICM web site used to have (in my opinion) such a near slanderous picture and statements besmirching the GERS COES  that I designated it as a significant guidepost.  In my world of observable  human behavior - pride could not allow parties to seriously talk about a settlement with that sharp stick poking GreenShift in it's metaphorical ribs.  I had decided long ago that I could not be surprised by a settlement in this epic case as long as that site was unchanged.  It is now changed.


Softening of the ICM site - where they now seem to have shifted their focus on championing their system rather than running down the GreenShift system - certainly does not predict a settlement.  (SkunK one second flashback:  I just said that this "certainly does not predict a settlement.") 

However, I will opine it is now possible.

SkunK

The SkunK has followed the ICM Inventory Elimination Blowout sale here for some time.  I can now report that they have a Purple Wave internet auction dedicated to excess inventory HERE.  This appears to be a "no reserve" auction - where the buyer is commited to taking the high bid.  Get your bids in before 6 July!

GreenShift Licenses Its Patented Corn Oil Extraction Process to Sunoco

Sunoco additionally awarded GreenShift the construction project to design and install the equipment.

"We selected GreenShift to be our technology provider after extensive review,” added Gary Center, Fulton ethanol facility manager at Sunoco. “The ability to extract corn oil to sell to third parties will provide a positive economic impact at the plant.”

“GreenShift is very pleased to be working with Sunoco; throughout the entire process Sunoco demanded the very best, and we are pleased that we were able to deliver,” added Edward Carroll, GreenShift’s President.
See Here
And HERE

SkunK

GreenShift and this plant have a history.  Nearly three years ago GreenShift was contracted to develop two COES and a modular biodiesel plant at this location.  The prior owners were under financed and had the added technical burden of converting an old Miller's beer brewing plant - rather than starting from scratch.  The original build/conversion did not work and the plant soon fell into bankruptcy.  The prior GreenShift plans stopped with the prior owners.  Here is a good article from last fall that goes over the history of the plant in more detail

SkunK side bar:  The articles at the time just talked about plumbing problems.  This is the first time I have seen this:  "Poor design allowed bacteria to grow in pipelines, inhibiting production."  In any case SUNOCO is obviously NOT under financed (nearly $5B Market Cap) and was able to make things right.  Good for them.  And now that GreenShift is back in the saddle - good for us!

Is this THE Sunoco?  The one "Headquartered in Philadelphia, . . .  a major petroleum company with 910,000 barrels per day of refining capacity, approximately 4,700 gas stations, 6,000 miles of pipelines and 43 product terminals. . . . a . . .significant manufacturer of petrochemicals, with annual production capacity of approximately five billion pounds." Yes, this is the same one, SEE HERE

Your Welcome (I think)

Hi SkunK (if this is SkunK, I’m not 100% sure), From US Water Services, I just wanted to say thanks for posting our new COR promotional video to your blog. It has improved the number of views on the video quite a bit for a new video posting. We wanted to also thank you publicly via Twitter or something like that, but can’t find a related Twitter account or really any connection to social media. If you do have other SkunK related profiles on social media sites, please let us know!  Thanks again for the posting.

Regards,Austin J. Bly
Marketing & Communications Intern

U.S. Water Services
12270 43rd St. NE
St. Michael, MN 55376

***************
The Power of the SkunK Media Empire . . tic :~)
SkunK

COR and Ashland - COES Chemical Aid

U. S. Water Services info/commercial for Corn Oil recovery aid.

SEE HERE

Looks interesting, but I am out of town and my speaker does not work on this computer.  Oh well, I will listen later.

Here is another Ashland article about the FEW coming up.  SEE HERE


SkunK

Defense Claim Construction w/Update

Adkins Energy See Here
Declaration that came with it listing attachments 
See Here
Attachments:
     Early '80s Physics and Chemistry Handbook
see Here
     a 1997 Patent
see here
*******************************
Joint Defense (everyone else) See Here
Declaration that came with it listing attachments see here
(all patents you can look up here.)
SkunK

PS.  I tried to think what picture went with the early '80's Physics and chemistry handbook.  I narrowed it down to a mullet or a slide rule.  Since I never had a mullet and I did have a slide rule (site stick?) I decided to go with that. 

Another "Additive" Company

According to the company, the implemented COR programs have been effective across the country increasing corn oil extraction by 25-100%, potentially at milder process conditions, depending on the effectiveness or barriers associated with stand alone mechanical separation. Use of the additive has also resulted in longer operation between cleaning as well as softer deposits that are easier to remove.


SEE HERE

SkunK

On the Move!

Besides increasing capacities, GPRE announced last summer that it would install corn oil extraction at all its plants. The eighth installation was due to be completed in June and the ninth and final corn oil installation is scheduled to be complete in the third quarter of 2011. That project will add an estimated $25 to $30 million in operating income to GPRE, based on prices in May, Becker says. 

SEE HERE

SkunK

Schedule Reminder

Opposing Markman Briefs due June 17, 2011;
CleanTech Reply Brief due July 1, 2011.
The Markman hearing will be held sometime after July 15, 2011
 
I originally reported this here.  Based on this court Order HERE. 
 
SkunK
 
Are things finally going to come to a head?  Looky there! -  Looks like the bear is headed for the buckwheat with a roll of charmin in hand.

GPRE Expands Again

Green Plains Renewable Energy, GreenShift's largest customer, continues to expand and diversify. 
SEE HERE

SkunK

MDL Court UpDATE - W/SkunK Update!

Here is the latest update in the Court proceedings.

SEE HERE

What words mean is important.  If a lawyer can convince a jury that red is green then that traffic accident where you got T-Boned at a traffic light by a drunk driver takes on a whole new meaning.  Now it was your fault!

This is all about what the words mean in the patent.  Yes, the SkunK would say this is important.

What is my take?  Well again, this is what they will argue about at the super important Markman Hearing.  The judge decides what the words mean so even if this goes to trial - the jury is limited by what the judge decided what the words mean here.  This will keep a good (bad) lawyer from convincing a jury that red is really green.   It looks like GreenShift want the words to mean what they say.  For example GreenShift wants mechanical separation to mean just that - the other side appears to want it to mean use of a centrifuge.  Of course I haven't read the other side's opinion yet but GreenShift's lawyering seems reasonable to me - but then I ain't never been mistaken for ol' Judge Judy.  I cannot give you percentages off the top of my head, but I believe a large amount of settlements occur right after the Marksman hearing - since after the judges ruling on the words - the road ahead becomes clearer to both sides.

SkunK
P.S. I recently had my computer go down, and with the weather being so nice I finally got around to assembling my new one.  Mrs. SkunK allowed me to share her laptop in the mean time so I was not completely off the radar. . . Let me just say that computers are like bathrooms - you should count the number of women in your house and then add at least one to the total for maximum household serenity and contentment.