Extension

GERS request for an extension.
Here

SkunK

Moot

Order see here

SkunK

Ooophs!

We have some more defensive arguments - more - just like before - except for a rather interesting twist.  It seems yesterday's argument had little or no redacted material.  In today's we see some redacted material.  Not a big deal?  What if I told you that they are the same.  Yep, parts of yesterday's defensive argument was in the clear and today the same parts are blacked out.  Ooophs?  Many, many examples - here is a small one:

From Today

63. In October 2002, VDT and Alfa Laval entered into (XXXXredactedXXXX)

Page 41 See Here
From Yesterday
51. In October 2002, VDT and Alfa Laval entered into an “Allied Supplier Agreement,” which gave VDT “the right to sell the VDT-Alfa Laval Systems and the Alfa Laval products . . . to the pork, beef and poultry fresh and byproducts processing industry. . . .”
 page 25See Here

I do not want it to seem like I keep taking cheap shots at the lawyer-ing for the defense.  But Yeepers, they just keep making mistake after mistake.  I got a feeling we will here more about these . . .
SkunK

PS  Yesterday I went on and on about how much NEW history was released in the document.  Apparently it should not have been.  Much of it (should?) have been redacted.  Will Greenshift move to censure the defense?  Or will the judge beat them to it?  Or was the mistake excessive redacting?  Still another (lesser?) legal offense by the defense.

Biased History, but a History Nonetheless

If you can get past the Prevost stuff that the judge has already rejected.  If you can get past the ridiculous statements about the poultry fat separator being the same thing as the corn oil extraction system.  (After they said that - they go on to describe the continuing inventive process ? ? ?) If you can get past the obvious (in my opinion) 2+2=5 stuff.  If you can get past all of that and more - starting about page 22 we have a lot of new information here for those interested in the history of this important invention, the process of discovery and how the inventors got 'er done.

See Here

SkunK

Micro-Minor Litigation Updates

Seal Here
and
ACE Here

SkunK

Adkins Denied!

This is a significant ruling concerning Adkins claim that GreenShift had violated a contract and therefore they could not be sued for patent infringement. 
 

Although CleanTech admits that it failed to install a corn oil extraction system at Adkins’ Lena facility, the terms of the Agreement required Adkins to obtain the necessary permits before CleanTech was required to construct the system. Dkt. No. 12, Ex. A, at 4. There is no evidence in the pleadings that Adkins had obtained the requisite permits and the Court is not inclined to infer this condition precedent from the other facts that are established by the pleadings.

As a result, Adkins has not established its substantial performance under the Agreement or that CleanTech breached its terms. Therefore, Adkins’ Motion must be DENIED

See Here

 

SkunK

It appears to this non-expert , non-lawyer, to be P-Poor lawyer-ing on the part of the defense.  This is not the first time we have seen this, and hopefully it will not be the last.  The judge said  "There is no evidence in the pleadings that Adkins had obtained the requisite permits . . ."  Well brother, who's job was it to check that off the checklist?  Just saying the obvious . . .

Defendant 72Pager

Here is the defendant's argument against infringement in some 72 pages.

Here are some administrative orders Here

and right Here.

SkunK

10Q is out! Financing in Next Six Months?

Our business continues to improve. We increased licensed penetration and executed new agreements to install additional systems. We received new patents during 2012 that we believe substantially strengthen our issued patents and ability to protect the competitive advantage of our licensees. We increased our technology development efforts and expanded our technology portfolio by pressing forward with new processes designed to further enhance the profitability of our licensees. We reduced our debt by about $3.5 million and produced operating income of about $2.7 million during the nine months ended September 30, 2012.

As of November 14, 2012, there were 53,519,036 shares of common stock outstanding.

Cash at beginning of period $1,364,994.  Cash at end of period $1,679,887.

Increase of cash over period: $314,893.

"In addition, future results may be improved by the impact of event-driven systems integration contracts as we continue to receive significant interest for our engineering and other services in connection with the design, construction, integration and modification of corn oil extraction systems and other new systems for existing and prospective licensees. We are currently party to a number of such agreements which can be expected to contribute to revenue during 2012."

Operating expenses during 2012 included a $0.8 million reversal of a valuation allowance realized during the period and about $1.8 million in legal costs, of which about $1.0 million was accrued and not paid during the period, as well as $0.3 million in research and development costs. By contrast, operating expenses during the first nine months of 2011 included about $0.8 million in professional fees. Our increased legal costs during 2012 were incurred primarily in connection with our ongoing litigation for patent infringement and the completion of amended agreements with YA Global.

We owe about $26.6 million in debt to YA Global and its assignees and about $3.8 million to related parties. Our debt to YA Global matures on December 31, 2012, and our debt to related party lenders matures on June 30, 2013. In February 2012, we entered into an amended agreement with YA Global pursuant to which we agreed to begin servicing our debt to YA Global with cash payments of about $1.6 million during 2012 to supplement equity conversion. We have paid YA Global a total of about $0.6 million in cash during the nine months ended September 30, 2012. We are currently in discussions to refinance the balance due to YA Global. If necessary, we plan to enter into agreements for a short-term extension of the associated maturity date pending completion of any such transaction. Repayment of the balance of these obligations in cash has been and remains an important objective for us, and we hope to complete a financing within the next six months to refinance and recapitalize all of our remaining convertible obligations

See Here

SkunK

95% this!

See Here

Exhibits

Seal

SkunK

Denied!

Adkins Motion Denied.

Greenshift's winning roll of mid-level court decisions continues HERE

SkunK

By the 20th

". . . be filed on or before the fifth calendar day following the prescribed due date; . ."

NT 10-Q Here

SkunK

New

Adkin's Order Request HERE

GERS 4th Here

SkunK

Corn Oil Demand

There are of course, many uses for corn oil besides biodiesel.  Yet I thought this analysis below in the HOMELAND ENERGY 10Q was interesting - summing up at least some of both the seasonal and political influences on the price of corn oil.

"Management anticipates that corn oil demand will decrease during the winter months due to decreased biodiesel production. One of the primary uses for our corn oil is as feedstock for biodiesel production. However, biodiesel production has slowed dramatically recently due to the fact that the 2012 RFS for biodiesel was reached in late September or early October 2012. This decreased corn oil demand may lead to lower corn oil prices during our fourth quarter of 2012."

From Here page 17

SkunK

GERS Filing

The Joint Reply {of the Defendants} includes evidence not previously presented as well as new arguments not raised in some or all of the Defendants' opening briefs.
 

The Local Rules are not a license to hold arguments in reserve for reply or to give movants a second crack at “getting it right.”

See Here

SkunK

Winning Skirmishes

These are GreenShift victories in some significant skirmishes.  It is not the end of the war - but it is all good.  Real Good.  Both the '517 and the '484 patents have been added to our cause.

CleanTech’s motions to amend the complaint to add allegations of infringement of the ‘517 patent against Defendants Blue Flint, United Wisconsin, Bushmills, CVEC, Heartland and GEA are GRANTED as they are unopposed.

 

CleanTech’s motions to amend the complaint to add allegations of infringement

of the ‘517 patent against Defendants Cardinal Ethanol (“Cardinal”), Lincolnway,

LincolnLand and Big River are

GRANTED pursuant to L.R. 7.1(c)(5), as those

Defendants failed to file a response within the deadline.

Similarly, CleanTech’s motions to amend the complaint to add allegations of infringement of both the ‘517 and ‘37 patents against Defendants ICM and Flottweig are

GRANTED pursuant to L.R. 7.1(c)(5), as those Defendants failed to file a response within the deadline.
 

CleanTech’s motion to amend its complaint against Iroquois regarding infringement of the ‘517 patent, Master Dkt. No. 633, is

GRANTED

Justice requires that CleanTech be allowed to amend its complaint against Adkins to add allegations of infringement of the ‘517 patent and its motion to amend, Dkt. No. 631 is
GRANTED.
 

CleanTech’s motions to amend the complaints to add allegations of infringement of the ‘484 patent, Master Dkt. Nos. 573, 576, 579, 582, 585, 588, 591, 594, 597, 600 & 603, are

GRANTED.

See Here for all

SkunK

Pacific Ethanol

"Corn oil is a high-value co-product for the Pacific Ethanol plants, provides us with further diversification of our revenue streams and contributes additional operating income to the plants,"

Press Release
SkunK

Elucidation for the Lucid

663 - Adkins’s Motion to Stay is its third attempt to rehash the same arguments in yet another effort to extract itself from the rightful decision of the Judicial Panel on Multidistrict Litigation

664 - Need some Elucidation?  Got some here . . .

665 - The ‘484 Patent will be infringed by the same actions of the Defendants which infringe the previously asserted patents.

666 - Adkins Here

SkunK

4 Orders

667

668

669

670

SkunK

ICM reduces workforce by 25

"Our efforts in recent years focused on developing various products/services . . ."

SEE HERE

SkunK

Corn Prices Peaked?

If the U.S. corn and soybean crops do get larger, the recent high prices aren’t likely to stick around.

Just like Ethanol plants, todays farmers can lock in sales for next year. 

So, he’s considering selling some of next year’s crop. "I can still get $6 for my corn next fall. That doesn’t look as good as today’s prices of $7.50, but it’s a lot better than $4.50."

See HERE

SkunK

Motions and orders

"Patent rights are, by statute, temporary. CleanTech is damaged every day Adkins is allowed to infringe during the brief life of its patents, not only because Adkins is unlawfully profiting from CleanTech’s technology, but also because CleanTech’s business reputation and good will suffer daily from the ongoing uncertainty caused by the continued infringement."

SEE HERE

ORDER
+
ORDER

"Not only is Adkins’s potential defense irrelevant to the Motion to Amend, but Adkins proffers no evidence that CleanTech agreed to refrain from suing Adkins for patent infringement, because there is none. Adkins’s conclusory allegation, therefore, should not prevent the Court from granting CleanTech leave to add the ‘484 Patent."  See Here

Adkins

GERS
 

SkunK

Denied

Cranberries before the harvest

For the reasons stated herein, Defendant Adkins Energy, LLC’s Motion to Remand is

DENIED.

See Here

SkunK

". . . nearing resolution . . ."

See Here Iroquois

SkunK