It cannot be disputed that any CleanTech did not breach any agreement with Adkins because (1) Adkins did not complete a condition precedent to the Agreement between the parties, (2) CleanTech had no obligation to complete performance before Adkins terminated the Agreement, (3) Adkins was not damaged by any act or omission of CleanTech associated with the Agreement and (4) CleanTech never entered into any subsequent agreement “not to sue” Adkins. Furthermore, CleanTech states that the undisputed facts demonstrate that Defendant does not have a license to CleanTech’s patents-in-suit.
See Here
***********************
Memo of Law
***********************
Memo of Law
Despite its claims otherwise, Adkins has never operated its corn oil extraction system under a license provided by CleanTech. There is no material fact in dispute that the Agreement itself does not provide Adkins with a license to use its infringing system. Also, Adkins's contention that there was some sort of agreement by CleanTech at the time that Adkins terminated the Agreement granting Adkins rights to CleanTech's intellectual property is simply not true. This position taken by Adkins defies both logic and the clear facts, including but not limited to Adkins's own actions in 2010 (two years after the termination of the Agreement) attempting to negotiate with CleanTech a license to the very same patent rights that it now claims it had obtained two years before.
There are no material facts in dispute that CleanTech did not breach the Agreement. There are also no material facts in dispute that CleanTech never granted to Adkins the right to use CleanTech's ntellectual property rights upon the termination of the Agreement. As such, CleanTech is entitled to summary judgment on Count I of Adkin's Counterclaims claiming breach of the Agreement (as well as the related affirmative defenses).
SkunK
For you number crunchers - we have the price of a COES: $1,950,000.00
A numbers Bonanza.
For you number crunchers - we have the price of a COES: $1,950,000.00
Under the “Purchase Option” of the Corn Oil Agreement the initial l$1,950,000.00 price would have decreased by $160,000.00 on each anniversary of the installation of the corn oil extraction system.
We also have the charge for Annual Maintenace: $55,000.00 A numbers Bonanza.
Posts
99 comments:
Cleantech summary judgement motion Yea alright!
adkins is screwed hehehe
Good see lawer speak but if you see PPS, we are the onces getting screwed by the day.
great message nobody why are you hiding ?
I only post under who I am, a Nobody. I know that it is hard to believe but more than one person can question the gospel you wish to defend at all costs. You would have done well as a member of the Crusades.
sure you dont
"nobody12378 said...
I only post under who I am, a Nobody."
Who cares.
The Crusades were a direct defensive response to radical Islam spreading through the middle east and the holy land by the sword. The more things change
Hackneyed old saws and cliché offend the truth. Christianity has been the core of western progress. It is radical to all other beliefs in its elevation of the individual.
The culture of death we see in europe and even in the Unitied States are lowering us all to accept the tryranny of pagan statism.
There is danger to all in the common ignorance of history.
Very Nice!
The noose continues to tighten on the infringers.
The court has already ruled GERS did not breach any contract. I fully expect this motion for summary judgement to be granted in the near future. There's simply no reason that it won't be.
GERS continues to shred the defendants in the court room. I love the part about how Adkins tried to get a license at the same time they claimed they already had one!
Good Luck To All!$!$!$!$
The idiot that wrote this -> -> 10,000,000 pounds equals 1,303,781 gallons of CO (7.67 pounds per gallon). 1,303,781 x $3.06 per gallon (see GPRE latest filing) is $3,989,570 revenue. Best guesses from industry is that the price per gallon of CO will increase to $3.75. That yields an estimate of $4,889,179 revenue. Royalty of 0.20 creates a range of $797,914 to $977,836 for GERS' revenue -- thus the estimate of "about" $900,000. That's what idiot. <- <-
has been pointed some of the flaws in his reasoning yet after acknowledging one of the many flaws he blames it on a poster of news and personal thoughts.
I do remember clearly a statement about only gambling, I think you are a messageboardgamblingjunk.
nobody time to buy buy buy buy and learn how to trade then sell at 4 cents and stop crying. buy your wife a nice perfume.
Good Luck To All!$!$!$!$
Petal > n0body
Good Luck To All!$!$!$!$
As I stated earlier my only interest is in accumulating wealth not a few grand or tens of thousands -- that is chump change. I know that I am gambling and I know the odds (I speak of them constantly.) I love the risk and I play high stakes, that is my "juice". I lose big and I win big. I have my approach and you have yours -- which I view as saprophytic.
Chump David vanGriends gambling odds didn't pay off. He's losing his accumulated wealth to a lost bet. His all in approach will lose and lose big. Only thing left for him to play with the "juice" from my steak all over his face.
you mean your lil smokey cocktail winnie ?^^
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Damn. I have dirty balls. It's not fuzz like I hoped and dreamed and wished.
GGGRRRREEEEENNNNNNNNNNNNN
My!! It would appear that the investigation by Google and the FBI has somebody (Nobody) running scared!
Nobody said...."And for the " blinders" remember when you went through an extraordinary effort to prepare a spread sheet of expected revenues of licensees and how that would transfer into GERS' revenue? You put a lot of hard work into that. But the results (and similar efforts by others) were way off what GERS reported. The lack of critical questions as to why the discrepancies were so large when clearly you and others thought that the translation should be transparent is an example of the blinders of which I speak."
This was the response I recieved on ihub. He ASSUMES to know what others are thinking as if he were some sort of mind-reader. Anyone who was there remembers there was quite a discussion about the discrepancies, yet he comments as if the non-transparency was blindly accepted by everyone, including me. Just a quick look into how someones warped perception see's the world and others.
The extreme, almost juvenile sensitivities of Petal facilitate his emotionally tainted outbursts and temper tantrums that cloud the basic point under "discussion". Again completely out of context of the discussion at hand. Talk about high maintenance! Walk on egg shells with petulant Petal.
I remember when he went through an extraordinary effort to try an convince us all his dooms day clock would strike at midnight dec 31. wrong.
There appears to be a great deal of money (millions) set aside (escrow) by ICM to back up its pledge to indemnify. The agreement is that if any one settles they lose this umbrella. Therefore, each company has to evaluate the financial risk of riding it out and have the escrow kick-in to pay (all or a portion of) the award or going completely alone and paying all the settlement on their own.
post a link or shut your pie hole
I know the mountain of material is too high to take on in one trip. Start with the motions and pleadings by GERS and DVG's attorneys over his attempts to get the personal litigation dismissed. Just start, the longest journey starts with the first step.
the mountain of lies is short journey from the river that flows with BS
I have posted links to many of these statements that are now summarized in aggregate. Petal, you are verging on forgetful. My point about December 31 was correct and continues to apply to March 31. If the note was/is called by YAGI they can take over the company. What about the word "IF" do you not understand? What about the R/S that I called long before any one would accept it at 1:1000 do you not understand, etc,etc?
What about your equity being sucked out from under you with this dilution that you do not understand, what about blaming the messenger that you do not understand, etc.,etc.
You know that Geico commercial where "you can't post anything on the internet unless it's true"? Nobody thinks all the BS he makes up or assumes becomes true just because he posts it.
Don't bother starting the "longest journey", most of us already have. That's why so few believe anything that moron, er ah ...knuckle dragging neanderthal has to say.
Knuckle dragging neanderthal wearing blinders! Ha ha ha ha....
He has all the time in the world but can't post a link?
i read the documents and your full of it
Ha ha ha....stop it, my side hurts! You attribute every post about you to me!!! Ha ha ha ha.....
Don't flatter yourself, there are lots of people who think you're an idiot, not just me!
He's not posting a link because it doesn't exist. His 1207 post is complete manufactured BS lies.
again put up a link or shut your pie hole retard
The reading level here is abysmal. Read the post in question and determine why a single link would not suffice, it is an assessment of many pieces of information over the past two years. G'd I love how theses rabid dogs can be stimulated with some raw meat, not nearly as raw as their faith in GERS as it plummets below the the water line.
'The agreement is that if any one settles they lose this umbrella.'
So you're saying they refuse to honor the pledge? They'll all settle eventually. You say they won't pay on settlement? Would like to see that in writing. If true that's good news.
In essence he's saying they're backing off indemnification. Waiting for a link to the good news.
right. we need several links
Just joking all. Never read that. Dreamed it up. Won't post link. go look it ain't there. I lie to you
Let me get this straight. Last month you said where's the settlement money to come from, Icms broke. Now you say they have a pool of money for a umbrella?
Leibert
glad they have cash stashed shows they know theyll need it to pay
Good question Leibert. think this guys bipolar?
One can only hope he is under the same umbrella......when the lightning strikes!!
PETAL > n0body
Anonymous said...
Let me get this straight. Last month you said where's the settlement money to come from, Icms broke. Now you say they have a pool of money for a umbrella?
Leibert
February 22, 2013 at 12:44 PM
ICM is not doing well according to reports out of KS. There is increasing speculation stimulated by KK that the damages will exceed the ability of defendants to pay. That is not in conflict with the existence of a pot of money that could soften the blow to individual defendants. Why can't there be an intelligent discussion and understanding of the English language? Oh I answered my own question.
Anonymous said...
Let me get this straight. Last month you said where's the settlement money to come from, Icms broke. Now you say they have a pool of money for a umbrella?
Leibert
February 22, 2013 at 12:44 PM
"Why can't there be an intelligent discussion and understanding of the English language? Oh I answered my own question."
Yeah, we've all noticed how you often type responses to your own questions!
why i cant post a link to prove i am a moron
I can see the KS reports and pressure from KK. What I don't see is details about pools of money and umbrellas. Inner workings of private and confidential agreements, doubt it. It's speculation you can't verify. Not saying it's right, wrong, good, bad. It's not public information pal.
Leibert
PETAL > n0body
PETAL > n0body
Good Luck To All!$!$!$!$
One of the defendants in a recent (the last quarter or the one before) that is a publicly traded company included a discussion about the litigation and the possible impact on their future bottom line in their 10Q. The discussion included the obvious statements that this could negatively impact shareholder equity if they were to lose. Mitigating this to some degree was the money put aside by ICM to indemnify the company as part of the agreement to license. The discussion went on to state that it wasn't known if this set aside would be adequate and that the company could be responsible for any difference required in court awarded damages.
Now, use your head, if you were ICM would you enter into such an agreement without having an opt-out provision protecting ICM? Namely, it is logical that the agreement has language stating that in the event the licensee settles in an adverse litigation setting that ICM's indemnification commitment (umbrella) would no longer be in force. I have no insider information and I stated that this morning. It is time for folks to add up 2 + 2 and not end with GERS' going to da moon!
So, after a whole day of "look it up yourself", "I provided the links", and "read the past 2 years worth of 10k's", you now admit the whole thing about the money put aside and the imdemnification clauses are all made up by you because you think it makes sense. Great! A whole day of lies covering up lies and you don't think others understand the english language! Now, I suppose you'll find a way to twist all of this around also! Hope this is a good lesson to those few, rare people who think this guy actually tells the truth about anything!
Petalman (just so you don't have to strain your already overtaxed brain)
PETAL > n0b0dy
Good Luck To All!$!$!$!$
hahahahhahahahaha NoBOdy made up that shixnitttttttt hahahha what a toool we all know him and ICM are toast!!!!!
nobody your a fag
PETAL > n0b0dy
Pee brains -- why do you not comprehend the caveat : " If this is correct, (I do not know that it is but it is the model that best fits all that is known and supposed ... "? I qualify my impressions, reading some of the unqualified statements here that verge on euphoria do represent the lies you say you abhor. Actually, I am beginning to recognize and warm-up to the idea that many of you will end up in ruin here because you cannot or will not attempt to look beyond you hopes and beliefs. I now find that your "just desserts". In the end to the victors go the spoils and victory here is not anything like you envision and therefore it is unlikely that you prosper with this company.
None of Nobody's speculation means anything; because when the suit is settled in their favor GERS superior (Patented) Syustem will make or break the Corn Oil Business. They won't need a giant slap from the Judge/Jury because they have s superior system which will continue to be Illegal into the future if used by others to process Corn Oil. Nobody played his Ace Lie today; his last big LIE to drive the price of Stock below a Cent! To fulfill his egotistic Predictions? No matter the effect on GERS, NOR we Longs?
What Hubris and Self Evaluation posesses one who does all his posting of Doom, Viral Vortex and Sub-Penney GERS Stock?! To what purpose, his dedication, over years? Malevolent Insanity? DHOLE
It is truly embarrassing to the human intellect the fantasies that people live out on this board.
As for sub penny we have already been there -- I loaded up last time. This time the best strategy is to wait beyond that low level, I am afraid.
dont like donkey dick you dont know how to trade...back to work sucker
KING PETAL > n0b0dy
Dhole=petal> nobody
Number Cruncher?
If GERS is buying corn oil for .10 and selling it for [.40] arent they getting roughly 75% of the profit from extraction? Stated otherwise, is a plant not getting 75% of the potential value from extraction?
Sounds steep but its GERS property and they can charge what they want. Maybe thats why some choose not to license.
That might explain why [none] have settled --- settlements so huge they may go bankrupt trying to pay it all, and end up owned by GERS!
page 25, footnote 5:
they are potentially getting way more than 20%.
more like 33%-47%.
less expenses.
Anonymous Anonymous said...
KING PETAL > n0b0dy
February 22, 2013 at 8:46 PM
Anonymous Anonymous said...
Dhole=petal> nobody
February 23, 2013 at 9:18 AM
PETAL
^^^^
n0b0dy
Then where is the money, sure is not showing up as revenue in the filings?
The subject contract was refused. They decided to infringe instead. I expect most of the infringers are obligated to similar terms --- terms they cannot now afford. (CORRECTION: I think the percentages above should be 33% - 75%). GERS may own them in the not so distant future. Sweet Justice!
Subsequent licensees, however, may have received more favorable terms. Very possible. GERS was in dire financial circumstances around that time and that was no doubt at least partly due to infringement. Money lost by that development should count toward damages against the infringers (X3).
Systems cost a lot of money. Maybe licensees were allowed to recoup their investment and hit full production before the royalties or even full royalties kicked in.
According to one of the filings, full production by all licensees was to occur in the 3rd or 4th quarter when the debt was coming due and that suggests to me that "money" may have been somehow deferred UNDER THE TERMS OF THE CONTRACT until that time frame. I think GERS is waiting on a lot of money but, as you know, the drought may have caused some problems.
If that don't help then, finally: I heard it from a cat at the local pub that GERS has huge underground storage tanks made of gold and they are saving up all the corn oil they can get to prepare for the Mayan prophecy.
IMUneducattedO
First it's two year old court filing then it's six month old sec filing. Your senial. Defendants didn't say squat of money put aside didn't say squat about opting out or squat about umbrellas in or out of force. BS
IMUneducattedO,
It is truly refreshing to have someone apply intelligence to integrate what we know and what we suspect may be happening in order to address fundamental and vexing questions such as where is the money (licensee revenue)?. Most of the Cretins here are capable of only limbic or cerebellar functions as their cerebrums have apparently atrophied from all the rock-gut they have imbibed to generate their GERS' fantasies.
Unfortunately, your thesis has been discussed in the past and not considered reasonable by the few that follow GERS closely, are facile with the data and can actually add 2 + 2 and get 4. The lag time implied in your thesis is just too long. The disconnect between licensee revenue and GERS reported revenue is now over a year (at least four quarters). The threshold financial events you describe should have been surmounted by at lease some of the licensees by this time. Also, there is a quarter by quarter qualitative correlation; when the licensee revenue is up, GERS' revenue is up and the reverse is true -- just not in any quantitative way. If the threshold events you describe were operational it is unlikely that we would be observing this qualitative correlation.
Again, thank you for entering this gambit, you have brought a breath of fresh air and objective assessment, to this stale and stagnant "conversation". Several of us look forward to your continued posts and thoughts. Perhaps, you have other insights that support this thesis, we would love to hear them, for it you are right that would be very good for GERS.
defendants did not sign a contract with GERS. they infringed. consequently, there cant be a contract between GERS and the defendants nor any set-asides or umbrellas thereunder.
only GERS licensees signed a contract, of some sort, with GERS. if you have a copy of GERS licensee contract, or know the terms thereof, please share.
GERS changed its business model around 2010 and got new licensees. i would like to see a signed contract or know the terms of one before i expect royalties to appear in any particular report.
Here's the linked I promise.
http://www.google.com/imgres?imgurl=http://pandodaily.files.wordpress.com/2012/01/pinocchio.jpg&imgrefurl=http://pandodaily.com/2012/01/23/google-do-yourself-a-favor-and-just-come-clean-already/pinocchio/&h=500&w=713&sz=116&tbnid=CjWt3ecr0qOTYM:&tbnh=71&tbnw=101&prev=/search%3Fq%3Dpinocchio%2Bpictures%26tbm%3Disch%26tbo%3Du&zoom=1&q=pinocchio+pictures&usg=__I8MwPSqtYr0ZW73toESSdtFvWoc=&docid=h-jlHO_8tAc4DM&hl=en&sa=X&ei=Z04qUd6gKqLo2QXmq4CYCA&sqi=2&ved=0CC8Q9QEwAA&dur=33842
Slash,
So unbecoming, you must be one very hurt individual.
Sorry, that my communicating with words of more than one syllable creates such distress for you. Perhaps, if you had not dropped out of high school, life would have been better.
Now, now don't let your raw emotions over the PPS tanking and heading sub penny get the best of you. Think of it this way: In the years to come before GERS gets any money out of the current round of litigation you will be able to double, quadruple your position for very little cost as the PPS continues its descent into the downward vortex.
Last Price Today’s Change Bid (Size) Ask (Size) Day’s Range Volume Trade
0.0129 +0.0019 (+17.27%) 0.0101 x10,000 0.0129 x200,000 0.010 - 0.0129 246,187
If you think that one trade or any day's trading is indicative of a new, upward trend in the PPS -- you just are not paying attention or else you are delusional.
The GS system is over priced and works like shit. Good luck to all. :)
slash,
says
$!$!$!$!$!$!
KING PETAL > n0b0dy
hey n0b0dy how does it feel when slash petal and dhole are banging your wife upstairs while youre in the basement reading the dicktionary????????????
Some of the GERS' acolytes are willing to spend $125 to keep the PPS above a penny. Too bad that the effort is futile.
When there are no sales, "smallballs 12378" takes great pride in pointing out "there is not one person in the world" who has any interest in buying this stock. When someone comes along and shows interest, he first thinks of something insulting to call them, then ASSUMES they are a current shareholder trying to keep the PPS up.
An awful lot of assumptions being made by someone who lied all day yesterday about supposedly "published" information which turned out to only be more "assuptions" made by him.
You know what they say about "ASSUME" smallballs, it makes an ass out of you, and only you!
The only lies were about what I stated. Lies about inconvenient truths does not make them factual. Assumptions reign supreme when one supposes that I take "great pride" in pointing out the inconvenient truths. Folks, I am not making these events, they are happening whether or not I bring them to attention. The tree falls in the forest and there is no one around, does the tree makes a sound?
Please feel free to stand under a falling tree in the forest and let us know about the sound!
A tree falls in the forest and nobody is there, so he returns home and lies about the sound on his computer.
If nobody falls in the forest, do the trees all laugh at him?
Does he get up and call the trees a bunch of names?
Does he lie about even falling?
YES!
Local Ethanol Plants Are Bubbling Over
Redfield Energy in South Dakota completed installation of corn oil extraction equipment in January. Redfield Energy has ties to our customer Glacial Lakes Energy. GLE is part owner of the Redfield plant. Notice that GLE is operating 20% above capacity.
"While ethanol plants in other parts of the country are cutting production or shutting down because of a down market, local plants are pushing production to their limits.
It is not that the strategy is producing big profits, but it is allowing plants to minimize losses, said Thomas Hitchcock, CEO of Redfield Energy, and Jim Seurer , CEO of Glacial Lakes Energy. "We are producing more than our nameplate capacity," said Hitchcock. "We have got the pedal to the metal."
The Glacial Lakes Ethanol plants in Mina and Watertown are operating at about 20 percent above capacity, said Seurer.
The Mina and Watertown plants have a combined nameplate (rated or installed) capacity of 200 million gallons a year, but are producing 240 million gallons a year, he said.
Glacial Lakes has considered reducing production or a temporary shutdown, but has decided it is better for it to ride out the downturn by operating its plant more efficiently, said Seurer. In addition to adjusting its production process to make more ethanol, the plant installed corn oil extracting equipment in October, Seurer said. That adds a revenue stream. Dried distillers grain, a high-protein livestock feed produced from the corn, has also been a bright spot for the cooperative, he said. Distillers grain prices are strong, especially during the winter, he said.
Glacial Lakes also added to its cash flow this month by selling property near Vermillion, which was going to be used for another ethanol plant, Seurer said. The cooperative had purchased the 350 acres in 2007, but had not begun construction because of a nationwide downturn in the ethanol market in 2008.
Redfield Energy added corn oil extraction equipment in January. It is also benefiting from a strong distillers grain market, said Hitchcock.
The shutdown of other plants in the country will help local plants. It reduces the ethanol supply, which will drive up the price of ethanol slightly, Seurer said.
"The margins for ethanol should improve a little in 2013," Hitchcock said. "The big trump card is the amount of rain we will receive. The weather is going to make a big difference. If we get rain, the corn price will ease down a bit. If it looks like another drought, then corn will go higher."
Seurer said the ethanol industry has cycles of high profitability and times of loss.
"We are like farmers," he said. "This is not foreign to us. You have good years and bad years. You have to build up some working capital, which helps pull you through."
http://articles.aberdeennews.com/2013-01-27/news/36569303_1_ethanol-plants-glacial-lakes-energy-jim-seurer
"GLE holds a 15% investment in Granite Falls Energy, LLC, a 50 mgy production facility, located near Granite Falls, MN and 8% ownership and a board seat in Redfield Energy, LLC, a 50 mgy production facility located near Redfield, SD."
"GreenShift Corp. subsidiary Veridium Corp. announced the receipt of its fourth order from an ethanol producer for use of Veridium's patent-pending corn oil extraction system. The back-end corn oil extraction method can recover up to 75 percent of the corn oil in distillers grains. Veridium has received orders from Glacial Lakes Energy LLC, Granite Falls Energy LLC, and two plants in Illinois and Wisconsin, according to David Winsness, CEO of Veridium's industrial design division. He said there is about a six-month leeway from contract signing to plant installation."
Good Luck To All!$!$!$!$
This almost mindless resurrection of old information to hype today is bordering on the absurd. Any one know how long ago the company referenced as "Verdiuim" above changed its name to Greenshift? Almost seven years! Now that is resurrection!
http://www.sec.gov/Archives/edgar/data/1269127/000110241406000052/ex99a.txt
Slash, as always thanks for the dd dated 1/27/13. It's sad he doesn't have the brains to know the veridium reference shows the history of glacial and granite and the relation to redfield. Or the brains to spell "verdiuim"!
You have proved my point, the link is from last month the quote by DW six years ago. Talk about getting things mixed up in one's rush to promote.
Redfield went with a ICM....it sucks! They are infringers!!!! Make they pay $$$$$.
hey n0b0dy how does it feel when slash petal and dhole are banging your wife upstairs while youre in the basement reading the dicktionary????????????
hey nobody how does it feel when your neighbor (petal) is banging your wife while youre upstairs reading the dicktioanry???????????????????
Good Luck To All!$!$!$!$
redfield went with gers sweeeet!!!
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