Two important quotes from this GreenShift Filing:
"CleanTech and the Amaizing entities have recently settled their lawsuit."
"In addition, the plaintiff has recently obtained issuance of another patent (U.S. Pat. No. 8,168,037 entitled “Method And Systems For Enhancing Oil Recovery From Ethanol Production Byproducts”) directed to the recovery of corn oil that it will seek leave to add to this action. That patent can and should be construed at the same time as the ‘516 Patent."See Here
SkunK
Here we have an admission of a settlement. We also have GreenShift first notifing the court about the '37 patent approval. We also have a road to getting that patent through the Markman process - done at the same time as '516.
The '37 is important. It seems claims 7, 11, 13, 15 effectively patent the use of the multistage evaporator as part of the extraction process. Multi-stage evaporator is listed 14 times in the patent. Loophole closed.
SkunK Insight: Any defendants that can prove (in the GreenShift tests) that they do not use heat as a pre-treatment (except their multi-stage evaporator system) might be off the hook for back royalties - royalties would only start 1 May 2012 - the day the '37 patent was approved. I really think this '37 patent closes the door on the heat pretreatment argument the defendants have been pushing.
Wednesday, June 27, 2012
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32 comments:
Yay! I was hoping that patent would be included.
Even if the "royalties" didn't start until May, the infringers should still be responsible for a lot in punitive damages.
This is a very good update for GreenShift and it's investors.
Thanks Skunk!
That logic seems twisted. If they are "off the hook" for royalties because they technically were not infringing until the '37 was approved, why are they "on the hook" for punitive damages if they weren't infringing? Please explain.
jimmbody 704
Have heard of two invalidity opinions already that shoot holes in the 37 patent. Will be years before this gets resolved. Will Greenshift is going to have sue everyone agian.
That's right, lump every one that raises a question into one persona -- "the bad guy/gal, ICM paid dumper". Herr Goebbels would proud of your new version of "Heil Hitler".
The infringer's MIGHT be considered off the hook prior to May 1, 2012, IF they did not use heat as a pre-treatment. I'm pretty sure many, if not most, do use heat as a pre-treatment.
It seems to me that we do not have a constant definition of what "settlement" means, in fact there is out right equivocation. In KK's words:
"The Company intends to take all necessary steps to bring infringement of its patents to an end, including filing additional lawsuits involving any and all infringing use of the Company’s patents. The Company further plans to seek additional relief for instances of willful infringement. The Company’s position is that any infringing ethanol producer is liable for any infringing use of the Company’s patented technologies beginning on the publication date of the application that led to the ‘858 Patent."
Anderson's plant partner chose a to purchase a license. 10% rate I would guess.
No way....all royalties are set at 20%!
Nobody,
It seems to me that "You" do not have a constant definition of what "settlement" means. Everyone else has enough common sence to realize that when Amaizing was purchased by Gers friendly
The Anderson's", GERS would let them off the hook as long as they became a royalty paying customer.
Go back to tallying your dilution and leave the real world solutions to the grownups.
You are absolutely correct -- the "settlement" will have no impact on the litigation and does not set a any precedent as ANDE was already a customer. The pumped-up and trumped-up chorus that we are on our way to real settlements (with ICM) ending this battle is just that -- bogus.
Nice try confusing several issues to meet your needs. The issue you failed to see is that GERS picked up a new royalty paying customer, not whether they will settle with ICM. While everyone was happy to see Amaizing come on board, you were too busy trying to determine the definition of "is" "is".
What's the point of trying to analyze "settlement" with a microscope. This can only be seen as positive. Whether it has an affect on any other litigants or not, it means one more paying customer, and one less foe to worry about.
I am too busy trying to figure out how and when GERS will get new financing -- nothing else matters at this time.
It is not my point -- it is the point of setting the record straight on unrealistic euphoria and misguided attention.
They will never get new financing with the litigation outstanding.
Then we are at an impasse, it you are right. New funding is needed to convince the dastardly infrrngers that their delaying tactics will not work and GERS will be around to collect. Otherwise we are likely years away from closure of the litigation and it is a real question if KK can keep the company functioning through selling shares that long.
No bank or private equity firm would ever risk weven in a small investment in a company tied up on this type of litigation. Greenshift risk profile is off the charts and only going to get worse as additional objections to new patents arise. They have created a mess and if they survive it will be a miracle at best. Would not be the first company that greed and bad advice did in.
Would not be the first company that greed of patent infringers and bad advice of bashers did in.
GERS will prevail
If you read the last 10Q, some refinancing has already occurred with several finances going at 6% interest now rather than the 20% of previous years.
... an a praducin customer atat
Why would royaltys start May 1 don't they start when patents publish Skunk?
jimmbody 738
jimmbody 1048
jimmbody1234 1234
Man fired for drinking ethanol fuel denied unemployment
DES MOINES, Iowa (AP) -- A man who claimed discrimination after being fired from an ethanol plant for drinking "automobile fuel" has been denied unemployment benefits.
Cory Neddermeyer, 42, was dismissed by Amaizing Energy in April. The Denison-based company produces ethanol fuel for vehicles in a formula that includes a high concentration of alcohol.
According to Neddermeyer, he showed up for work on April 21 and saw that there had been a spill of fuel alcohol. Hundreds of gallons of 190-proof alcohol were held in a 6-inch-deep holding pond that was about 30 feet by 24 feet.
The liquid had not been blended with gasoline.
"I am a recovering alcoholic, and I thought about the availability of this alcohol throughout the day," he wrote in a statement later provided to state officials. "Curious about the taste and its effects, I dipped into this lake of liquor and drank what I considered to be 2 to 3 ounces. The next thing I remember is waking up in Crawford County Memorial Hospital."
Neddermeyer was found by co-workers in an incoherent state. He was taken to the hospital, where his blood-alcohol level, according to state records, was reported at 0.72. That's almost twice the level considered potentially fatal for many adults.
Neddermeyer was briefly hospitalized for acute alcohol intoxication. His employer searched his work area and allegedly found three empty bottles that contained trace amounts of the fuel.
guess you dont have to wonder no more
my target is one million shares..in case it ever gets to a one dollar stock..glta
Keep throwing your money away stupid after you get one million shares and they do another reverse split you'll be back at 100000 shares. Just let kk kick you in your balls and save your funds. Stock loser
another company infringing gers patents?
http://eqmaglive.com/index.php?option=com_multicategories&view=article&id=10379:cyclone-power-technologies-signs-teaming-agreement-with-australian-agricultural-clean-tech-company-&catid=98:america&Itemid=128
no, I think kk is selling licences for his business model.
holding 9 patents, company nearly broke, no income, over 200 mil common shares outstanding...
http://cyclonepower.com/10q/11835_Cyclone_10-Q_03-31-12.pdf
maybe someone like another wager ;-)
m2a
jimmbody 1123
Getting Annoying 759
jimmbody 1059
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