Affidavit

Here is the affidavit for Western NY. 

SEE HERE

I do not know the names involved.  I did get a kick over the ancient terms like "Red Skin" and "Yellow Skin".  Really?  Rosacea and Jaundice victims?  What's that all about? 

I have been on many reservations in the US and traveled all over Asia and have yet to see someone with either red or yellow skin.  I have seen shades from ebony to ivory.  Just saying . . . of course I always fail those color blind tests.

They also had to estimate the lady's weight and age.    I have found that sport to be more dangerous than one handed rock climbing.  Even the right answer is the wrong answer.  Buddy, if you have allowed the conversation to pass that fork in the road, your only chance to avoid loud voices and slamming doors is to change the subject.

SkunK

Enzyme Technology

". . . approximately 80 percent of the operating ethanol capacity in the U.S. will have incorporated oil extraction into their plants by end 2013."

See Here

SkunK

COE
The industry has gone from skimming settling tanks; to a mechanical process that actually works (GreenShift's); to adding solvents to supplement GreenShift's multi-patented mechanical operation; to now adding an enzyme cocktail prior to fermentation to aid in both ethanol and mechanical corn oil production.

Enzymes have been around the industry forever, however they are now designing and marketing them as COE enhancers.  Corn Oil - You've come a long way baby!

Compliance

See Here

SkunK

PS The last two Fridays we have gotten filings for the start of additional litigation.  By this time tomorrow we should know if it is three in a row . . . I can imagine infringers waiting to see if their number comes up this week.

An Order

See Here
SkunK

Mentionable

See Here

SkunK

Exhibits

Here is the evidence GreenShift has put forward in support of infringement.  One hundred thirty nine exhibits are now before the court.

SkunK

Order

Order on Motion to Quash
See Here

SkunK

Request for Judgement

There are like over a dozen of these, Adkins was the first and the example I will use.  For the list of who all included - read the table of contents in the Memo below.
Adkins See Here

Memo of Law in Support of Motion for Summary Judgement
See Here

SkunK

Next on GERS' "to sue" List

Little Sioux Corn Processors, LLLP

 

SkunK

 

I believe this Ethanol Producer (and Western New York) had one of the early commercial COES units from GreenShift.  I also believe Little Sioux purchased a second non-royalty COES from a competitor. 

21 Days

. . . or judgement by default.
See Here

SkunK

GERS' Turn to ask for Time

Looks like we have quite a few plates spinning.

See Here

SkunK

ICM WINS!

OK, its just an ICM win on the extension to next Friday, but it is a win.  Wins have been very very few and very very far between for the defense - so I figured I would throw them an alphabetic endoskeleton.   (Throwing a mere bone would have not been enough.)

ICM's defense has been given an extension because their one lawyer who can tell the court why ICM  has not produced discovery is going on vacation.  Take your time.  All of us need vacations.  Especially those who have really, really hard, impossible jobs.  We will all be here when you come back.  This could get interesting.

See HERE

SkunK

Another small win HERE

Western Energy on Pacer

GreenShift has recently filed additional Patent Infringement Litigation against Pacific Ethanol, Inc.; Guardian Energy, LLC; and now Western New York Energy, LLC.  For some reason the most recent filing is available on PACER, while the other two I have been unable to find. The first two filings are however available on other sites.  Here is the heart of the Western Energy Filing:

 

24. Upon information and belief, ICM sold products and equipment to WNYE which WNYE uses to infringe, and will continue to use to infringe, one or more of the claims of the patents-in-suit.

25. The process used by WNYE, as described by ICM in its First Amended Complaint in the ICM Lawsuit, infringes, and will continue to infringe, the claims of GS CleanTech’s patent applications as published and as issued in the patents-in-suit.

 

26. Upon information and belief, WNYE infringes one or more of the claims of the patents-in-suit.

See Here

SkunK

Small Slice of a Big Pizza

GreenShift has recently filed additional Patent Infringement Litigation against Pacific Ethanol, Inc.; Guardian Energy, LLC; and now Western New York Energy, LLC.  In each case the filing was done by local attorneys in local District Federal courts.  To some this suggested a falling out with our major patent attorney - to others this was par for the course.  The second opinion was that GreenShift had simply used local lawyers, officers in good standing with the local District Court, to begin initial filings.  This saves time, travel and money.

I submit the following related evidence in support of the second option.  It appears the relationship between GreenShift and their main Patent Law Firm remains strong. 

Here is ANOTHER GERS COES patent application - that as it approaches completion - is being transferred from the initial Patent Attorney to the main national patent attorney law firm: Cantor and Colburn LLP.

Power of Attorney recently withdrawn

Power of Attorney Accepted by Cantor and Colburn

SkunK

What may be more significant than my offerings above is that GreenShift believes that this Patent Application is a tool worthy of our Blacksmith.  I do not see this being handed to Cantor and Colburn unless GreenShift thought it to be both:  1. Headed to allowance; and 2. A hammer that can forge and temper some red hot justice.

GERS Sues Western New York Energy, LLC for Infringement

Filed on Friday the 12th.
SEE HERE
SkunK

Defendant's Turn to Ask for an Extension

Defendant's lawyer is going on vacation for a week.  Defendants request the court to delay justice for 9 days.  The defense argues that the lawyer going on vacation is the only one qualified to handle the case.
New Link HERE

SkunK

PS Remember a few weeks ago when GERS asked for an extension and the defendants fought it?  Right here

Sorry, it looks like I put out the wrong type of link last night.  Hope it is now fixed.

Buried Deep Within . . .

Words matter.  Markman construction demonstrated that.  Dave Winsness described a "confidentiality agreement" signed with ICM in 2004.  Now we have a mush stronger word used.  Citing a document created by ICM and produced during discovery by a third party - Husker AG - GERS releases this bombshell:  We have a signed non-compete agreement with ICM! 

"ICM first developed an interest in extracting corn oil from the concentrated thin stillage stream in ethanol plants in or around 2004. See Ex.1 1 HA00176-181. During this time ICM signed a non-compete agreement in order to gain access to inventor David Cantrell’s patented technology at issue in this litigation. Ex. 1." (Ex. 1 [and others] are presently sealed awaiting a court ruling.)

In the past the agreement made with ICM in 2004 that allowed them access to Greenshift's patented technology was simply described as a "confidentiality agreement" [#7, page 3].Apparently it is that and more.  It is a non-compete agreement.  Which defense lawyer will present a straight faced argument to the court that ICM has not - and is not - competing with GreenShift for the COES market?

SkunK

Oh My!

ICM acknowledges that it specifically located, reviewed, and withheld certain documents from as early as 2004 regarding the infringing corn oil extraction process ICM later promoted to, and installed in, the ethanol plants of ICM’s customers.

ICM and Flottweg are both represented by the same counsel, however, and both failed to produce documents created before 2008. Furthermore, Plaintiffs have learned that ICM has agreed to indemnify Flottweg for this suit. See Ex. 4: Flottweg at pages 102-104.

Representatives of both ICM and Flottweg testified that these defendants made no effort to produce any documents created before 2008 and, in some cases, withheld documents created that year or earlier. 

Indeed, ICM actually withheld this information from Plaintiffs, and possibly from its own counsel.

SEE HERE

SkunK

Force

Evidence 

Seal

Gone

[1500 UPDATE:  The case has now returned to Pacer - No updates.]

The case involving ICM's higher court Appeal with a writ (covered previous blogs) has disappeared from Pacer.  If they withdrew it, I would still expect a record of it.  Luckily I have a record of it.  Weird.  Gone.  No trace.  Like it never happened.  Still looking for it.  If you have an idea how to find it let me know below.

SkunK

Subpoena Quashed

See HERE

SkunK