“We have looked at the so-called advanced oil, oil plus, COSS and such other attempts to work around our patents. We are highly confident, and even more so with this latest ruling, that all such attempts plainly infringe our patents.”
Advanced Oil: A system by ICM here. Also note the Tricanter System is no longer the lead by the ICM sales team - however it is still available in a PDF file on the bottom of this page. Yes, the Advance Oil system is patented on paper, but that does not mean the systems in the field do not infringe the family of GreenShift patents.
Major "Advanced Oil" Customer: Valero and "Advanced Oil" HERE
Oil Plus: EdeniQ will immediately start marketing the Primafuel’s technology to ethanol producers under the brand name Oil Plus™ SEE HERE
COSS: A system by SRS Here (Corn Oil Separation System)
SkunK
Put a link in the notes if you have something that ties a customer to one of the Corn Oil Extraction Systems listed by Dave Winsness above. I'll post it above and generate a short list of possible future litigants.
Saturday, February 2, 2013
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64 comments:
Raises a number of questions. Lest for argument sake state that we can forge a settlement in the current litigation. That would be the very best outcome in that the long waits, trials, and tribulations would be over. The question: would GERS' management use the settlement money to pay off the debt and end the dilution that is killing the common shareholders (not the principals they have their preferred shares)? Or would they roll over this war chest in pursuit of larger game (e.g. Valero whose resources make ICM look puny) and leave the dilution to pay the bills? You cannot determine the answer to this question based on the attorney written rhetoric of the PR, but let's hope we get a chance to see what that answer would be.
Any one else notice how the stock has performed during the current round of litigation against relatively weak adversaries? Can't wait for another round against stronger defendants.
If the "Advanced Oil" was so advanced, Valero wouldn't have shut down a 3rd plant in Q4. (Remember, GPRE increased production and Glacial Lakes is operating above capacity) If it was so advanced, why is BIOF extracting 70% more oil? Is this the reason Valero hasn't continued the rollout to the rest of their plants? They've "studied" the idea for 1- 1/2 years. Maybe they're waiting to see what happens in the courts?
The addition of alcohol(AOS) and sodium hydroxide(EIQ) does NOT negate the fact these systems are practicing the methods patented by GERS.
If Valero wasn't concerned, they wouldn't be at a pause. The rollout would've been completed by now. Valero has a lot to lose. If a lawsuit is announced, they'll lose over $500 million in market cap for every $1 the stock drops.
This wait and see approach does not indicate a big bad wolf with no concern for the law. It suggests great caution on their part.
A lawsuit would cause serious damage to their market cap. If they didn't care about being a defendant, why did they stop the rollout.
A lawsuit against Valero would garner massive traffic to this blog. The attention it would generate would be great for GERS.
The patents and the courts are on GERS' side. Bring on the next wave...
If I were an accused infringer, i would hedge my position by buying in to the other sides position since it is currently so cheap according to what all think will be a $10.00 stock eventually. That amount of gain would more than cover my suit potential losses and I would be playing the market for me to lose. What a dilemma is that? Of course KK, his dad and EC still control 80% of the stock so it maybe does not matter who owns how much stock once the hammer comes down either way. The inventors are protected by the legal agreement of technology sale, upper-management is making money from majority ownership, YAGI is covered by under-price stock purchase and the rest are simply squabling over the 20% that will continue to be diluted and dilusional dreams of rich wealth.
This is why all the great news does not catch the attention of the big houses. They look at this and say WHAT? Are you fing with me on even spending my time to consider this train wreck.
You gatta have faith.
Do you realize who Vlero is? Do you even know they are near startup of the largest renewable deisel fuels manufacturing facility in the US. What do you know other than you are pissed you lost money. Valero is a major player and if they do anything at all is for busines sense and not nonsense. The new renewable fuels plant will suck more fats and oils from the marketplace than has ever been seen. That big sucking sound you probably are so familiar with. Take it in the place you deserve.
Owe sheet, Valero never saw this comming and this really hit their lawyers by surprize? I guess Valero either was so ignorant as to not even know GERS was a play, or, maybe they did their due diligence and decided with their many patent attorneys that this was just a mole hill against a large mountain.
Either way, I am sure Valero may eventually supply the renewable deisel plant with COES generated corn oil. Will DW try to claim this as a patent as well? The saga continues.
Lots of smart people got suckered into infringing through ICM. Heck, they built the industry. why concern yourself with an upstart taking on goliath?
But the federal courts look at the law and not the personalities or the ability of ICM to bully little plants and big plants.
Valero is huge. But compared to what? The feds hold all the cards. The rule of law is what the courts are all about. ICM and valaro are just another litigant to a federal court. DG has made a fool of himself trying to bully and imtimidate the courts. The judge has all he can do to keep from laughing when dvg tried to save his personal assts by withdrawing from the case. Valaro is not that stupid and they will now settle out of court.
Bullying? It will not wor this time vanderhinder.
Your on to something. Valero has lots of money. why did they freeze the coe project? limit exposure to liability?
Conversation:
GERS: YAGI here is your monthly payment GERS owes you.
YAGI: That's okay just keep it this month, we are going to do the debenture and dilute. What the heck, we make more money that way.
GERS: But according to our contract, if we pay you the interest, the obligation is taken care of and you will not excersize debenture.
YAGI: Look, we analyze what makes sense for us and not GERS. We hold your note through March, 2013 and if you do not pay us in full, we will simply take your business.
GERS: But what about our shareholders? They deserve something.
YAGI: Well we thought about that and since we may only own 5% of the total outstanding shares, we have been debenturing and selling block quantities to others whom you may call shareholders. This way, we do not hold over the maximum 5% amount as we debenture and sell. Have you not seen your own SEC reports of majority stockholders? We are simply debenturing and pushing for a quick 6%. It beats the market and it is guaranteed.
GERS But what about our business plan?
YAGI: Look, if I were you, I would just keep that money and give your top executives a big raise, you know, like $200,000 and then spread the rest amongst your little people employees.
GERS: I understand Mr. YAGI, I will start with KK and EC and then allow the trickle down to the little people, but nothing to the stockholders as they may catch on.
YAGI: We will talk again soon, before March and get your check book ready for another round of negotiations. We like doing business with you GERS, it is like a PAY DAY LOAN STORE without the hassle of trying to track someone down.
GLTA
Valero is not immune to lawsuits They get sued and settle out of court all the time. 9 times out of 10 they settle out of court. It would be cheaper to settle then bad pr.
I read the revised claim construction. Valero would lose in court. They get less then 95% but that's inclusive in the patent 858.
if push came to shove, i dont think cwt would be obligated to do bidness with [angelo], now.
i heard greemshift is winning the court hearing. goood job! those pix punks deserve what they got commin along with the other cheats
greenshift rules!!!
what tech did the other companys steal?
i would like to buy business is going up up
GERS
NOBODY IS WOOONNNNGGGG AGAIN
where does greenshift get there oil from??
can i run my diesel on bio too? that sounds awesome!
kick butt gers!
i heard that, the "nobody is an imposter that makes up all kinds of fake ID accounts and hrasses bio and oil companys. thats just rude
i am enterested in gers!
diesel diesel diesel!
would i make good money at gers?
how can i get gers?:)
in what citys are greenshifts enemys?
make and save money with gers!
gers is for workn men!
where is the greenshift main headquarters?
who is the owner?
greenshift is great!!
wongy wong wong woooonnnnnnnng
what
we need more American made companys like greenshift!
every gas vehical iv had has broken down on me multiple times. i drove a diesel and it hasnt let me down in 12 years!
sounds like a cummins! ^
God is great, beer is good, and diesels are awesome!!
iv made 10thousand dollars while invested!
i highly advise investing is gers!
greenshift! or u lose!
Conversation:
GERS: YAGI here is your monthly payment GERS owes you.
YAGI: That's okay just keep it this month, we are going to do the debenture and dilute. What the heck, we make more money that way.
GERS: But according to our contract, if we pay you the interest, the obligation is taken care of and you will not excersize debenture.
YAGI: Look, we analyze what makes sense for us and not GERS. We hold your note through March, 2013 and if you do not pay us in full, we will simply take your business.
GERS: But what about our shareholders? They deserve something.
YAGI: Well we thought about that and since we may only own 5% of the total outstanding shares, we have been debenturing and selling block quantities to others whom you may call shareholders. This way, we do not hold over the maximum 5% amount as we debenture and sell. Have you not seen your own SEC reports of majority stockholders? We are simply debenturing and pushing for a quick 6%. It beats the market and it is guaranteed.
GERS But what about our business plan?
YAGI: Look, if I were you, I would just keep that money and give your top executives a big raise, you know, like $200,000 and then spread the rest amongst your little people employees.
GERS: I understand Mr. YAGI, I will start with KK and EC and then allow the trickle down to the little people, but nothing to the stockholders as they may catch on.
YAGI: We will talk again soon, before March and get your check book ready for another round of negotiations. We like doing business with you GERS, it is like a PAY DAY LOAN STORE without the hassle of trying to track someone down.
GLTA
If I were an accused infringer, i would hedge my position by buying in to the other sides position since it is currently so cheap according to what all think will be a $10.00 stock eventually. That amount of gain would more than cover my suit potential losses and I would be playing the market for me to lose. What a dilemma is that? Of course KK, his dad and EC still control 80% of the stock so it maybe does not matter who owns how much stock once the hammer comes down either way. The inventors are protected by the legal agreement of technology sale, upper-management is making money from majority ownership, YAGI is covered by under-price stock purchase and the rest are simply squabling over the 20% that will continue to be diluted and dilusional dreams of rich wealth.
This is why all the great news does not catch the attention of the big houses. They look at this and say WHAT? Are you fing with me on even spending my time to consider this train wreck.
You gatta have faith.
Dude you posted that like 3 times already
No traction. Does anybody get it? This stock is being manipulated for the few and not the lot. Stakeholders are only playing with 20% of the authorized stock. There are sooooo many ways the majority stock holders may play this game and the individual stock holder is not included in this plan
Go ahead and play the game. Even if there would be a grand settlement, the money will go where the majority ownership decides and that is not the common stock owner. There is not a vote there. Money will be distributed in the direction of the majority stakeholders. And by the way, thanks for supporting the cause. It will be a good tax write-off for you.
DUDE!
"A Proper Interpretation Of The Patents Claims"
Remember When ICM said...
"ICM continues to believe that under a proper interpretation of the patents' claims, the Tricanter® Oil Separation System does not infringe GreenShift's patents."
NEWS FLASH, the patent's claims have just been interpreted. ICM was dead wrong with what they "believed". Read it for yourself...
http://www.greenshift.com/pdf/Supplemental_Order_20130201.pdf
They lost in a land slide on every claim. ICM was wrong about the claim interpretation and wrong about "AOS" not infringing GERS patents claims.
ICM tried to get this case on their "home turf", so they filed suit against GERS in an attempt to have a trial in Kansas. ICM filed less than one day before GERS sued them. That stunt didn't work either, the case is in Indiana.
ICM went on to say..."There is substantial evidence not before the USPTO and not yet presented to the federal courts that impacts the validity of the GreenShift patents."
This "substantial evidence" ICM claimed, has now been reviewed by the USPTO and presented to the court. The USPTO reafirmed GERS patents are valid and issued the 484 patent even after considering the so called "substantial evidence".
ICM claimed there was "tons of prior art", namely prevost. The court disagreed with that too.
ICM was wrong about getting Mr. Vander Griend off the hook for personal responsibility.
ICM was wrong about corn oil extraction being unpatentable.
Everything ICM "said" has been wrong. ICM said the AOS doesn't infringe but it does. Ultimately the infringing ethanol producers are responsible for royaltys to GERS.
The Court disagrees.
"The Defendants (ICM) contend that the statement “as claimed” in the underlined portion of the second explanation is a clear disavowal of claim scope as to all claims of the ‘858 patent and requires the concentrate or syrup after the oil recovery step to be substantially free of oil. The Court disagrees."
"With respect to the absolute percentages advocated by the Defendants’(ICM), the Court concludes that the argument improperly seeks to import limitations from the specification into the claims.
First, the Defendants cannot point to any language in the claims, the specification or the prosecution history that limit the substantially oil free limitation to the quantities listed in Figure 2 of the ‘858 patent family. THER SIMPLE IS NONE.
The claims, as recited above, are completely devoid of any reference to numerical quantities.
"The court cannot conclude that these references limit all the claims of the '858 Patent or the other claims that do not specifically include the limitation in the remaining patents in the family."
Similarly, there is no numerical reference for the content of oil in the post-recovery syrup stream by the patentees in the prosecution history, and the Defendants could not point to any.
Good Luck To All!$!$!$!$!$
GO GERS !!! GO49ERS !!!!
It does not matter whether GERS wins this suit or not, Dummy. It is up to the majority shareholders "oh, and the board of directors" same! whether you see a profit or not. You guys are playing with 20% of the stock owned by others that may do as they please with funds from any source. Thus the big raise they gave themselves. Until outside shareholders control over 50% of the company, Good Luck to All. Maybe when YAGI takes over and wants to make it a real company, you may see some gains.
Love seeing Nobody work overtime. That's a great sign!!
Sorry to burst your bubble, I always post as myself -- a nobody. Find some other hallucination to believe.
dipchit dicktard 809
Dude stop crying
This is a riot! Nobody is going nuts. He's panicking. Loving it!!
Have a great week everyone.
Where is all the jibber jabber about how GERS was "going to da moon" on Monday?
A little than I thought:
0.017 -0.003 -15.00 614,501
haha nobody (icm) is working overtime, boy is scurrred
When you strike gold keep digging don't stop ever
tomorrow someone will buy 5000 shares and, by afternoon, this (prediction) will justify making me guru!
kinguroo894536277746357746
King,
What's your prediction that make you a Guru?
Prevost....seems to be in play all over agian with this ruling. Thoughts...
Prevost is like three day old fish guts. It stinks and no one is buying that shit anymore.
Its over DVG! You bet the farm and lost. no mercy. Pay up.
I think by now that the shock of the PPS falling after last week's GREAT news has subsided. The aftermath of shocking experiences is often the ability to see more clearly as the shock itself tears away the false veneer of complacency and acceptance. I believe that the quiet exhibited here and other boards is a representation of that new clarity. The sobering clarity that we have long way, and a long time before any fundamental turnaround occurs and that during that time the OS share count will continue to climb through dilution is stunning to many who were convinced otherwise. Stunning but real.
or........maybe the quiet exhibited here and other boards is a representation of people being fed up with your condescending remarks toward anyone who posts logic which disagrees with your twisted views.
Looks like I touched a point of sensitivity. That usually indicates that the root problem is deeper. I will continue my exploration in order to identify the real necrosis and hopefully be able to remove it. Thank you for providing me the fuel I need to continue this surgery, it has been exhausting.
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