Wednesday, February 13, 2013

GERS '037

On January 25, 2013, the parties exchanged their proposed construction of the certain claim (l)imitations in the claims of the '037 patent.
 
CleanTech contends that the claim terms of the ‘037 patent should be construed consistently with their plain and ordinary meaning.
 
Defendants on the other hand proposed claim constructions that are needlessly confusing and read numerous unstated limitations into claim language.

See HERE

SkunK

129 comments:

  1. Shareholders Of Ethanol Plants Should Know The Risks

    The damages are no less than past royalties. However in cases of producers knowingly and openly infringing, like this one, damages of 3X past royalties may be awarded plus court costs.

    Cash award estimates floating around are several hundred million dollars. $300-$500 hundred million roughly? Your guess is as good as mine. ICM has indemnified BG and many ethanol producers(which are ultimately liable). The problem is, the drought has completely halted the building of new ethanol plants for ICM. They are bleeding cash and laying off workers. They've laid off more than half their workforce since this lawsuit began.

    http://1350kman.com/layoffs-at-icm-of-colwich/

    ICM is hurting and might not keep their "go ahead, infringe, we'll protect you promise, just buy our equipment, we're desperate, we promise"...

    For example, Cardinal Ethanol bought ICM's equipment, currently a defendant, read what they said...Notice at the end they say if ICM is unable to pay, the ethanol plant is liable. They go on to say production could halt...


    "In this amendment the manufacturer and installer of the tricanter oil separation system indemnifies the Company against all claims of infringement of patents, copyrights or other intellectual property rights from the Company's purchase and use of the tricanter oil system...The Company is not currently able to predict the outcome of this litigation with any degree of certainty. The Company estimates that damages sought in this litigation if awarded would be based on a reasonable royalty to, or lost profits of, the plaintiff. If the court deems the case exceptional(3X damages), attorney's fees may be awarded... However, in the event that damages are awarded, if the manufacturer is unable to fully indemnify the Company for any reason, the Company could be liable. In addition, the Company may need to cease use of its current oil separation process and seek out a replacement or cease oil production altogether."

    http://investorshub.advfn.com/boards/read_msg.aspx?message_id=82358596

    ICM can't afford to indemnify all the plants they have. Ethanol producers may end up turning the keys to their plants, over to GERS. ICM has lost more than half it's workforce and the drought hit them hard. A half billion dollar fine would BK them and leave infringers holding ICM's bag full of empty promises.

    In that event, what I think will really happen is what is already happening. The licensed/legal producers will buy the underwater infringers.

    ANDE is licensed with GERS, they bought out an infringer that was using an Edeniq system. ANDE licensed the system with GERS and settled the lawsuit for that plant. Notice how the owner of the ethanol plant was ultimately liable for infringement...The buck stops with the infringing plants. Pay us, hand over the keys, or sellout to GPRE, ANDE, MPC, SXL, BIOF or any other legally licensed customer.

    http://investorshub.advfn.com/boards/read_msg.aspx?message_id=76907169

    The Tricanter feeds the AOS, ICM is in way over their heads.
    ICM is getting hammered in court...

    Good Luck To All!$!$!$!$!$

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  2. GERS is getting hammered in the court of the public market -- OTCBB.

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  3. Taking out stops and moving up Watch the volume bands.

    TraderX2000

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  4. GERS Legal Team Continues To Dismantle The Defendants

    Nice job as our lawyers continue to shred the infringers lawyers....

    Good Luck To All!$!$!$!$!$!$

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  5. big accumulation day by a large player.....

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  6. I can't resist a winner

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  7. Uh oh...Court of the public market has ruled the pps should stay about the same for another day! Why do the ignorant always post false predictions before the end of the day?

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  8. This comment has been removed by the author.

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  9. This comment has been removed by the author.

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  10. increased power consumption + additional equipment + chemicals = less valuable oil

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  11. Am que'd up, waiting my turn! DHOLE

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  12. How do you know how to value your offer since you have no idea what the OS counts, basic or diluted are? Just guessing, hoping?

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  13. Well,

    It is clear that you did not put your order in at the ASK a measly penny and a half. If you were really confident in the future of this company what does a fraction of a penny mean? Looks like you are playing the game of attempting to bottom feed in order to take advantage of a little pop. Sounds like penny flipping to me.

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  14. Now, see what you are doing; your bid snipping is dragging the ASK down. That is real good for GERS as they will require more shares through dilution to fulfill their cash needs.

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  15. nob0dy really scared bashing hard last few weeks, even called transfer agent, desperati0n....if 50 cent per p0st dont work wife back to bunny ranch.

    good luck all

    $!$!$!$!$!$$$$$$$$$$

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  16. Slash,
    Why are you hiding? It is infantile.

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  17. GREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEN

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  18. They will not let you in the Signal Corps -- you are color blind. It is
    REEEEEEEEEEEEEEEEEEEEEEEEEEEd!!!!!!!

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  19. Which, for some sick reason makes you
    HAAAAAAAAAAAAAAAAAAAAAAPPY

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  20. Nothing here makes me happy or unhappy -- get a life please.

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  21. Me get a life? I'm not the one who has made a career out of ridiculing this stock and all those who would like to see it succeed!

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  22. You do not know the meaning of ridicule. You appear to be so anal-retentive that you are unable to see beyond your myopic view. In fact, I am one of the biggest supporters of GERS' long term success. Your words drip with venom and trembling voice -- better seek help for a fulfilling life; you will not find it here.

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  23. nob0dy really scared bashing hard last few weeks, even called transfer agent, desperati0n....if 50 cent per p0st dont work wife back to bunny ranch.

    good luck all

    $!$!$!$!$!$$$$$$$$$$

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  24. OMG!! Mr. "I can tell what you're thinking just from your body language" can now tell if your voice is trembling just from reading one's written word!

    Can you tell me what finger I'm holding up right now? Ha ha ha ha......

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  25. on I-hub:

    Transfer Agent:

    Interwest Transfer Co., Inc.
    1981 East 4800 South, Suite 100
    Salt Lake City, Utah 84117
    801-272-9294


    AST&T:

    "..We are currently not the agent for the particular issue you entered.."

    ReplyDelete
  26. ICM's Tricanters Infringing/Advanced Oil Infringing


    "A Proper Interpretation Of The Patents Claims"

    Under a proper interpretation of the patents claims, the courts agree with GERS, not ICM.
    The AOS is infringing as it requires a centrifuge to extract oil from syrup.

    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".

    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.

    Good Luck To All!$!$!$!$!$

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  27. Try the right one:

    American Stock Transfer & Trust Company
    6201 15th Avenue
    Brooklyn, NY, 11219
    800-937-5449
    http://www.amstock.com

    ReplyDelete
  28. i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers
    i <3 gers

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  29. i < 3 gers.....

    does anyone know what that means????????

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  30. nobody is a paid basher

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  31. Do you think so?

    Leibert

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  32. GREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEN

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  33. nob0dy really scared bashing hard last few weeks, even called transfer agent, desperati0n....if 50 cent per p0st dont work wife back to bunny ranch.

    good luck all

    $!$!$!$!$!$$$$$$$$$$

    ReplyDelete
  34. G
    R
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    E
    E
    E
    E
    E
    E
    E
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    E
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    N

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  35. i'M not color blind i see the future GREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEN

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  36. G
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    N
    not color blind i See the future

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  37. GREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEN

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  38. The future is defined by the history that states for every step forward there are two steps back. When that history is revised (when real settlements are announced) we can move forward sooner than later. If we must wait until all legal proceedings are completed I am afraid that Red will be the color of most days (certainly the trend) for the foreseeable future. Exhilaration associated with the steps forward that ignore the concomitant two steps back is nothing more than childish denial.

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  39. This comment has been removed by the author.

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  40. This comment has been removed by the author.

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  41. This comment has been removed by the author.

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  42. Not sure how my moniker has been usurped but someone has gone to a lot of trouble to steal the password. I suspect that this is a criminal activity.

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  43. I Love Oil...

    I found this on our customer, Glacial Lake Energy's, website.
    They make a good point about the billions in subsidies to big oil. Funny stuff. The next GLE update should be out soon.

    http://www.fuelsamerica.org/share/we-love-oil?source=20130213fuelsamericaweloveoilvideo&utm_medium=email&utm_source=gpgpr&utm_campaign=20130213fuelsamericaweloveoilvideo

    The last update from Glacial Lakes stated they're running their plants above capacity. Oil extraction is operational at both plants. We already know GPRE/ANDE operated at or near capacity. With margins quickly improving as of late, I would expect BIOF to restart production at their Minnesota plant in the near future.

    Good Luck To All!$!$!$!$!$!$

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  44. Google is investigating, it is a crime under USC of federal regulations. Sorry Skunk, it appears that you will be receiving some communication about this in the near future.

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  45. This comment has been removed by the author.

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  46. ^^
    ha
    ha
    ha
    ha
    ha
    ha
    ha
    ha
    ha

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  47. I hope that you good in zebra stripes buddy. I have also filed a compliant with my local office of the FBI. Good luck to you INSIDE.

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  48. hahahahahahahahahahahahahaha^

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  49. ^^
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  50. Why is it a crime to talk about your small balls? Not that it is something I want to talk about, but I'm sure some may want to know if you actually have a pair after all the bs you post.

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  51. oh my sides my sides hurt

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  52. hahahahahhahahhahahahah^^^

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  53. Ha ha......now the FBI is going to look into his small balls!!! Too funny!!!!

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  54. ahha ahhha hahaha^^^
    ha
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  55. ahahhhhhhahhhhhahhhhahhhhhha
    stop oh stop please
    ha
    ha
    ha
    ha
    ha
    ha
    h
    a

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  56. will look into his small balls

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  57. bwahahahahhahhaha^^^

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  58. bwahha
    bwa
    bwa
    ha
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    a
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    a

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  59. i cant breathe hahahahhaahah^^^

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  60. This comment has been removed by the author.

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  61. blah hahahahahhah bwahhahhahha^

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  62. ^^
    blah haha
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    blah
    bwaha
    ha
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    a

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  63. hahahah*gasps for air*ahahhahaahhahahahhahstop please stop

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  64. Do you think the FBI will put out a wanted poster with a picture?

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  65. Which FBI? Furry Balls Investigators?

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  66. Small balls is no crime if you make up for it with a big ego.

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  67. is it a crime killing me by laughing to death???

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  68. hahahhahahah^^
    Fuzzy Ball Investigators
    blahlhahahah blaw blaw
    b
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    hahahahah

    ReplyDelete
  69. This comment has been removed by the author.

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  70. cancel the search and rescue. small fuzzy balls been found

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  71. nob0dy really scared bashing hard last few weeks, even called transfer agent, desperati0n....if 50 cent per p0st dont work wife back to bunny ranch.

    good luck all

    $!$!$!$!$!$$$$$$$$$$

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  72. this is epic thread

    ReplyDelete
  73. Who knew a thread about Nobody could actually be amusing?!

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  74. who else noticed that since n0body lost his balls the share price is up 20%+
    $!$!$!$!$!$

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  75. Actually, it was up 25%, dropped to 20% when they were found!

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  76. whoever hacked his account deserves a nice bottle of jameson 30

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  77. Hello, FBI?

    Yes, may we help you?

    Yeah, someone just hacked into my online profile, you know, the one I use to communicate with a bunch of knuckle dragging neanderthal lowlife's.

    Yes sir, and how do you know they hacked into your account?

    Because they were saying online that I have small balls!

    Yes sir, and do you?

    Do I what?

    Have small balls?

    What's that got to do with anything? I want these people arrested!

    Yes sir. What is the moniker you use for the account?

    Nobody.

    It must be somebody sir, what is the name please?

    Nobody!

    OK. To summarize, nobody has a problem with telling everyone on the internet he has small balls. Is that right?

    CLICK!!!! Damn neanderthal fbi!!

    ReplyDelete
  78. GRRRRRRRRREEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEENNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN

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  79. small green fuzzy balls
    m
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  80. GGGRRRRREEENNNNNNNNN

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  81. GERS' Ripping ICM's Nuts/Bolts Off In Court

    What a sharp group of lawyers we have...

    ICM's AOS Clearly Infringes GERS' Method Patents

    The AOS Clearly uses a Tricanter, which they promised the world a "proper interpretation of the patents" would vindicate them. They promised the world "prevost" would vindicate them.

    The AOS comes "after the centrifugal separation of mid-stillage (syrup)." Clearly in violation of GERS' family of patents, backed by the USPTO, reviewed and rebacked by the USPTO, and interpreted by the courts in GERS' favor.


    See how Edeniq's "Oil Plus" clearly extracts oil by using GERS' methods 1st.
    http://www.edeniq.com/page/today

    See how the Tricanter and AOS clearly extract oil using GERS' methods 1st. The Tricanter feeds the AOS. ICM thought under the courts interpretation, the Tricanter wasn't infringing. ICM was clearly wrong. Both systems are infringing unless licensed with GERS. All of these systems extract oil from syrup, and all of them are liable to GERS.

    AOS diagram towards the bottom...
    http://www.icminc.com/products/advanced-oil-separation-system.html

    Tricanter diagram towards the bottom...
    http://www.icminc.com/images/pdfs/product_sheet/tricanter_oil_separation_system_lores.pdf

    GERS' patents cover all extraction of oil from syrup on the back-end with no limitations as to the quantity.

    The AOS is nothing more than a "Treatment (that) occurs post mechanical separation."

    The AOS extracts from concentrated stillage(syrup).

    Remember ICM stated, "ICM continues to believe that under a proper interpretation of the patents' claims, the Tricanter® Oil Separation System does not infringe GreenShift's patents."

    The claims have been interpreted. Nobody in their right mind thinks the court's interpretation is what ICM "believed" to be "a proper interpretation".

    The AOS is infringing as it uses the Tricanter to extract oil from the concentrated syrup. Comparing the diagrams, they changed the "corn oil" stream to "emulsion concentrate". That's not fooling anyone. It's the same thing, mostly/largely oil with rest being water and solubles. Just like the Tricanter diagram said it is, "corn oil". The court has ruled this stream needs to be mostly/largely oil. To me this means more than half or >50% oil. As you can see in the AOS' diagram, the 50ml tube has way more than >50% oil. It looks to be around 75%. That's why they tried to add limit's claiming extraction needed to be 95%.

    The court ruled term "concentrated stillage" to mean "syrup containing water, oil, and solids". As you can see, the Tricanter's input is the syrup feed and the AOS' very own diagram refers to this stream as "a mixture of water, oil, solubles".

    Notice how they changed the name of the "de-oiled syrup" to "aqueous phase plus solids". The court ruled this is a mostly oil free stream which I believe means <50% oil. Clearly covered by GERS' patents.

    "ICM's system separates corn oil from the post-fermentation syrup stream as it leaves the evaporators."

    The AOS "treatment occurs post mechanical separation".

    ICM was:
    Wrong abount COES not being patentable,
    Wrong about the "prior art",
    Wrong about the "sale bar",
    Wrong about the " 95% ",
    Wrong about the interpretation of the claims,
    Wrong about the Tricanter not infringing,
    Wrong about AOS not infringing,
    They Failed to get the trial on their home turf,
    They Failed to get their leader off the hook...
    Their Paid Bashers Failed...

    Their own website confirms the streams, what's in them, where they are... It's all spelled out in the patents and the court/USPTO agree.

    Good Luck To All!$!$!$!$

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  82. problem i need help. a anonymous poster posted with same anonymous name i have. what do i do

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  83. YOU BEST CALL THE FBI

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  84. hahahahahhahahahah
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    looooooozzerrr

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  85. BOOOOOOOOOYYYYAAAAAAAAAAAA

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  86. SMALL GREEN FUZZY BALLS
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  87. Best day GERS has had all week and that looser nobody is over at ihub trying to make it sound like a bad day.
    Mr. "tiny fuzzy balls" never gives up, does he! Ha ha ha ha......

    ReplyDelete
  88. hahahahhahahahahha
    blah blah bbwahh haha bwahhhhahah
    bwah
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    a hahahahhahahahaha

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  89. Correction - lmfsba!

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  90. yea yur right lmfsba

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  91. hahahahhahahhah^^
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    hahahhahhahahha

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  92. small fuzzy ball investigatorFebruary 15, 2013 at 3:13 PM


    February 15, 2013 at 10:53 AM

    Anonymous said...
    hahahahahaha^

    February 15, 2013 at 10:57 AM

    Anonymous said...
    whoever hacked his account deserves a nice bottle of jameson 30

    February 15, 2013 at 10:57 AM

    Anonymous said...
    Hello, FBI?

    Yes, may we help you?

    Yeah, someone just hacked into my online profile, you know, the one I use to communicate with a bunch of knuckle dragging neanderthal lowlife's.

    Yes sir, and how do you know they hacked into your account?

    Because they were saying online that I have small balls!

    Yes sir, and do you?

    Do I what?

    Have small balls?

    What's that got to do with anything? I want these people arrested!

    Yes sir. What is the moniker you use for the account?

    Nobody.

    It must be somebody sir, what is the name please?

    Nobody!

    OK. To summarize, nobody has a problem with telling everyone on the internet he has small balls. Is that right?

    CLICK!!!! Damn neanderthal fbi!!

    February 15, 2013 at 11:30 AM

    Anonymous said...
    Classic!

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  93. Nobody,
    This is a scary world. Someone is motivated enough to hack your google account to spew profanity. Wow!

    ReplyDelete
  94. You are right, truly amazing. Google is taking this very seriously and after reviewing my complaint they stated that they were certain they could trace the individual through data they have and can have access to. I do not know what they intend to do, but they are the ones that said this was a violation of federal law.

    More amazing is the response of some of the "Objective-Phobes" such as Petal who mocked on I-hub the seriousness of this crime.

    ReplyDelete
  95. Well well people do you recall I told yall about a stock ilns @ .02 just today that stock jump to .13 I recover my loss of gers I hope other did make investment and cashed in if not I'll tell you about other stock

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  98. This comment has been removed by the author.

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  100. "More amazing is the response of some of the "Objective-Phobes" such as Petal who mocked on I-hub the seriousness of this crime."

    After the thousands of insulting names and phrases you use to try to degrade others, including me, do you think I'm the least bit concerned about hacking your account being a "crime"?

    I still think your trying to involve the FBI in something as trivial as your account on a blog site is funny as hell!

    Deal with it small balls!! Ha ha ha ha.......

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  101. I am not, Google is. They are very series about these crimes because the perception of their "lack of security" costs them revenue.

    As for insults -- if the shoe fits wear it -- I have never encountered so many idiots in my life. An idiot is by definition someone that cannot learn from experience and makes the same mistakes over and over again and/or builds fantasies to hide from reality. I am surprised that some here are not considered legally incompetent and therefore wards of a court.

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  102. Blogger nobody12378 said...

    Neil,
    I take pleasing David vanGriend very seriously. Naked men in a zebra suit is what he wants and gets. You get front legs I get back then we switch and spew together. The cadets will mock us. They're unobjective homophobes.

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  104. Where all the funny comments?

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