GERS Defends Subpoena

I have preached the "Experimental" defense since day one of the "One year" sale controversy.   For the first time (I think) GreenShift acknowledges this (obvious*) defense. 

". . . the 2003 Agri-Energy activities were in fact a series of experiments conducted in an actual ethanol plant?"

 

". . . the information is not material because the activities were a permitted experimental use rather than an offer for sale . . ."

 

This is a nice touch:

 

"On the same day, June 11, 2013, that Iroquois moved to quash the subpoena of Mr. Bereveskos due to attorney-client and work product privileges, Iroquois also served a subpoena on Michael Rye seeking privileged information."

 

See Here

SkunK

*I am not trying to imply I originated this, it is obvious that this defense fits the exemption to the one year rule.  Yet I believe this is the first time this defense was advanced by GERS.  They just kept this "experimental" powder dry - until now.

8-K PEIX On Litigation

GS CleanTech Corporation Litigation

 

On May 24, 2013, GS CleanTech Corporation (“GS CleanTech”) filed suit in the United States District Court for the Eastern District of California, Sacramento Division (Case No.: 2:13-CV-01042-JAM-AC), naming the Company as a defendant. The suit alleges patent infringement by virtue of certain corn oil separation technology in use at one or more of the Company’s ethanol production facilities, including the plant located in Stockton, California. The complaint seeks preliminary and permanent injunctions prohibiting future infringement on the patent owned by GS CleanTech and damages in an unspecified amount adequate to compensate GS CleanTech for the alleged patent infringement, but in any event no less than a reasonable royalty for the use made of the inventions of the patent, plus attorneys fees. The Company strongly disagrees that its use of corn oil separation technology infringes the patent owned by GS CleanTech and intends to vigorously defend against GS CeanTech’s claims. As of the date of this report, discovery has not commenced and a trial date has not been set. In addition, GS CleanTech has advised the Company that it is in the process of amending its complaint.

 

See Here page 4

 

SkunK

 

 

Adkin's Subpoenas the University of Illinois

See Here

and
See Here

SkunK

Last couple pages of the second document shows who they are after. 

Dr. Vijay Singh's Corn "Fiber" Oil and GreenShift mention HERE - in same USDA funded research document from U of Ill. (p.41)

Here is some information on Dr. Steven R. Eckhoff and profile of Dr. Vijay Singh HERE

Their over 100 joint and singular peer reviewed publications go back to at least 1996.  Obviously both research leaders in the corn ethanol industry.

SkunK

ICM's Response to GERS Response to ICM's Writ

SEE HERE

SkunK

I don't know the quality of their argument.  However it seems a bit better written than what we have grown accustomed. It is concise . . . and tart . . . like a big bite of fresh rhubarb.  Tart?  Bitter?  It's a fine line.

Mention iv

See Here

SkunK

Mention iii

See Here
SkunK

Like a Well Oiled Machine . . .

GERS Response To the Writ

SEE HERE

SkunK

Reply to the Writ of Mandamus

GreenShift's reply to the Writ is due today - if they chose to reply.  If they do - it likely will be posted on Pacer tomorrow.  GreenShift would be defending the actions of the MDL court against ICM - if they decide to reply - not a bad place to be.

SkunK

Summer Subpoenaing . . .

One of the reasons GreenShift is subpoenaing a defendant's lawyer may be found in the request for documents of the subpoena itself.  Its been a while, but was Iroquois used by the defendants to sandbag Cantrell during his disposition?  Did the defendant's keep the information from GreenShift AND Iroquois until the disposition?  Did they do this so Iroquois would not be tainted by withholding the information?  Was Spiro the go between that provided plausible deny ability to Iroquois?

Is the SkunK seeing things that are not there?  Would not be the first time.  You Decide:

 

 

 

 

Remember when the defendants were sanctioned for these bush league tactics? 

 

"The court awards CleanTech, and against the defendants jointly and severally except for Adkins Energy, one-half its reasonable fees in drafting the motion for protective order, the brief in support, and supporting declaration."  SEE HERE

 

Its been a year and a half - a bit of post flashback history HERE.  Is there new evidence of untoward activity?  We may be about to find out.

 

SkunK

GreenShift Moves

GreenShift apparently has moved to dispose a defendant's lawyer.  Defendants are moving to quash it.  Another interesting twist.  See Here

This seems a bit unusual.  I wonder if it will actually happen?  Is it a gambit to get things into the record during the argument over it? 

Here is the subpoena HERE

SkunK

Looks like their big gun:
Spiro Bereveskos

Last Friday

I see that the latest Patent Enforcement was filed last Friday.  PR released on Monday.  Same day as the FEW start.  Chatter directed. 

ICM and Pacific Ethanol released news about a COES in ID.  Seems like a long time ago.

SkunK

Will this be it?  Or just the start of sixteen filings?

GreenShift Sues Guardian Energy

GreenShift Sues Guardian Energy for Patent Infringement

Jun 10, 2013 11:56:00 (ET)

ALPHARETTA, Ga., Jun 10, 2013 (BUSINESS WIRE) -- GreenShift Corporation (otcqb:GERS) today announced that its wholly-owned subsidiary, GS CleanTech Corporation, has filed suit against Guardian Energy, LLC, in the United States District Court for the District of Minnesota for infringement of GreenShift's patented corn oil extraction processes.

GreenShift will continue to defend against all infringement of its corn oil extraction patents to protect the competitive advantage of its licensed ethanol plants.

 

See Here

SkunK

 

Normally these PR compound geometrically as others repost.  Appears this one - comparatively - not so much.  Looks like first reported in this iggyman555 I-Hub post here.

 

Mention ii

Dated 11 June
See Here

SkunK

GreenShift Mention

GERS’s total market capitalization is $291,889, along with 116.76 million shares outstanding. The 52 week range of the stock remained $0.002 - $0.085, while its day's lowest price was $0.0021 and its hit its day's highest price at $0.0029. The beta of GERS stands at 1.03.
See Here

SkunK

GERS responds to ICM

"ICM is not entitled to any relief or recovery by reason of its coming into this Court with unclean hands."

 

See Here

 

SkunK

Ahhh . . . its all about the timing.

see here

SkunK

PR on PEIX

ALPHARETTA, Ga., Jun 04, 2013 (BUSINESS WIRE) -- GreenShift Corporation (otcqb:GERS) today announced that its wholly-owned subsidiary, GS CleanTech Corporation, has filed suit against Pacific Ethanol, Inc., in the Eastern District of California for infringement of GreenShift's patented corn oil extraction processes.

GreenShift will continue to defend against all infringement of its corn oil extraction patents to protect the competitive advantage of its licensed ethanol plants.

See Here

**********************
If you haven't yet seen the filing see it HERE.  From this blog on May 26th.
This is the shortest PR from GreenShift that I can remember.   The thing to remember is that information has many targets, potential investors only being one of many.  A short PR may mean we have a chance at finding an apple cart that no one wants to upset going into the settlement conference.  Or it could mean something else. 

SkunK

SkunK is now qualified to run for office?
I see I predicted (May 26th blog) that we would get this PR on Tuesday.  Just glad I never said which Tuesday.  :~)

PS Shout Out - I just went back and looked and it seems the first to see this was Nobody 12378 on I-Hub HERE, then posted a couple minutes later in the comments section here.