More updates

Page Limit request See Here

Certify See Here

Dave Winsness Statement
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Here is the last Fagen Litigation update.  Not sure if I put this out there already.  If I did here it is again.

After MAX litigation went away - this interesting new one apparently popped up this month.  SEE HERE.


SkunK

One, Two, Three

"To escape this inconvenient truth, Defendants state that the claims require a particular

recovery rate. Defendants’ arguments are strained, to say the least. First, Defendants do not

argue that any of the claims expressly claim a recovery rate. Second, “Defendants do not dispute

that the Claim Construction Order does not specify an ‘oil recovery rate.’” (Joint Reply, p. 3 ¶ 3)

Third, Defendants violate a cardinal rule of claim construction by importing a limitation that

appears in the specification into the claims."

See Here

SkunK

Adkins

See Here

SkunK

Orders - Low Importance/Heavy Volume

Order 1

Order 2

Order 3

Order 4

Order 5

Order 6

Order 7

Order 8

Order 9

Order10

Order11

Order12

Order13

Order 14

Order15

Order16

Order17

Order18

SkunK

Al-Corn Admin Lit Update

Here is a minor administrative litigation update from Al-Corn HERE.

SkunK

Litigation UpDATE

Here are some interesting EMAILS concerning '517 patent.

Here are Emails I posted a couple times before.

Al-Corn's Request to redact and the reasons HERE.

SkunK

Infringement

Here are four combined documents GERS used to recently request Summary Judgment of Infringement against Lincolnway. Five documents total (one is hidden). In a massive filling of documents I count at least 16 total requests for summary judgment along with the supportive filings. I figure that covers all the defendants. I imagine they are all very similar - except for the redacted portions which describe each of the defendant's COES results. 

See Here

SkunK

Litigation Update

Here are some recent orders/requests in the case HERE. GERS Memo certified as filed HERE. GERS actual Memo of Law HERE. SkunK

New COES Patent/update

GreenShift recently released information in a PR - that they received a Notification of Allowance for another corn oil extraction patent. Here is an update. On the 19th they received Issue Notification. On the 9th of October 2012 GreenShift will be issued Corn Oil Patent number 8283484. Amaizingly, the recent case management order HERE has a 1 October deadline for adding issued patents. According to my calculus, GreenShift has an additional 4 COES patent applications and 2 advanced COES patent applications in various stages of active progress. NONE of these six are on the brink of allowance and I would be surprised if we get any more before the new year. So will the court allow a single patent to be added that is already been given a date of Issue? - Yet has not actually issued before its arbitrary deadline of 1 October? Surely the court has to have a cut off date(I know - don't call me Shirley). Yet, if they strictly adhere to the 1st of October, they will be handing GERS a valid instrument of appeal. See Here SkunK

New Patent!

This is not a Corn Oil Extraction Patent - this is a blender pump - and the patent has finally been allowed! See Here and allowed claims HERE and Here SkunK Google has ?upgraded? blogger and it is gosh-awful. Its a struggle - sorry for the format and spacing

Corn Oil

See Here SkunK

13/107,197

The recent PR stated that "Critically, the '197 Application was allowed after the USPTO reviewed all of the relevant materials submitted by the defendants in GreenShift's current infringement litigation."

So I took a look at what is on file at the Patent Office Portal.  I saw all the normal filings.  Items five, six and seven in the link below show the emails and correspondence that the defense seems to be clinging to at this point.  Clearly these things were reviewed by the Patent Office.  Clearly the Patent office has since approved the patent by issuing a NOA.   This does not guarantee that a court or jury will agree in the long haul, however if does raise the bar for the defendants.  The actions of the Patent Office are basically considered correct until proven otherwise. 
See Here

If you have any question if this is a list of items considered - notice the stamped type item on the bottom of the page.  "All references considered . . . " followed with the examiner's initials.

SkunK

10Q/A

Amendment No. 1: Explanatory Note
This amendment is being filed in order to:
· Correct typographical errors in two line items in the Statements of Cash Flows for the Six Months Ended June 30, 2012; and
· Include the interactive data files as exhibits.
No other changes have been made to the original filing, nor has any of the disclosure been updated.

See Here

SkunK

Administrative Update

See Here

SkunK

14th NOA

ALPHARETTA, Ga., Sep 10, 2012 (BUSINESS WIRE) -- GreenShift Corporation (otcqb:GERS) today announced that the United States Patent and Trademark Office ("USPTO") issued another new Notice of Allowance covering GreenShift's corn oil extraction processes, this time for patent application number 13/107,197 titled "Method of Processing Ethanol Byproducts and Related Subsystems" (the "197 Application").

GreenShift's patents have undergone a continuing and exhaustive review by the USPTO. Critically, the '197 Application was allowed after the USPTO reviewed all of the relevant materials submitted by the defendants in GreenShift's current infringement litigation.

SEE HERE

SkunK

Defendant Argument for Noninfringement

See Here

SkunK

Defendant Filing

Here is a Defendant filing:
See Here

Two of the exhibits are parts of the two inventor's interrogation . . .eh I mean questioning.  Note the page numbers are in the hundreds.  So of all the answers given, this must be the part they feel is the strongest for the defendants.  Using clearly tired and frustrated subjects, they attempt project a Perry Mason moment.

Dave Winsness HERE

David Cantrell HERE

SkunK

Case Management Order

Deadline to Add New Patents to the Case:  October 1, 2012 for issued patents.
See Here

SkunK

GERS Motion to Seal Granted

SEE HERE

SkunK

TWO New COES Patent Applications

This COES patent application filed in April and published on 9 August also covers chemical additives.  Additives both as enzymes and additives used to adjust the pH. (30-32, 38, 39)
See Here

New, broader wording in this second one:
". . . recovering at least a portion of the oil-containing portion from the concentrated byproduct . . ."
See Here

SkunK

See'ya MAX

You got two days,
See Here

The clerk of court is directed to remand this case and close it on the docket of this court.
See Here

The SkunK has said this case and its accusations had the depth and substance of some of the regulars on the Yahoo board.

See Here

Last filing before the case closed in federal court . . .
See Here

SkunK

GERS Reply to Al-Corn

See GERS reply to AL-Corn HERE

and HERE

order here

SkunK

New COE Patent!

The purpose of this submission is to notify the court that on August 29, 2012, the USPTO granted a Notice of Allowance (“NOA”) for Application Ser. No. 13/107,197. A NOA is an indication that the USPTO believes that “the applicant is entitled to a patent under the law.”

See Here

This is extremely important not only as a new patent.  The first NOA was issued on 13 April 2012.  On July 12th GreenShift sent this letter HERE telling the patent office in detail about the dated email controversy involving Mr. Cantrell.  They asked the patent office to take a look at that and more prior art.  The patent office comes right back and now - reissues the NOA. 

the 30 claims:
1 - one
2 - two
3 - three
4 - four
5 - five
Sorry for the separate pages, but this computer I am now on has a PDF license that is lacking . . .

SkunK