Guardian Energy Tag Along, Stay Denied

Here is a Joint? Letter informing the Judge that this is a "Tag-Along".  Interesting lingo.  Seems to make the judge's actions below seem even more bold and decisive.  Basically what I heard is: "If that is all you got, then you are not going to waste my time going through oral arguments.  The detail found in nothing is still nothing.  Stay Denied."

See Here

Here is the Guardian Energy, LLC Stay request DENIED

See Here

SkunK

Thanks to Slash for the heads up in a previous comment section about the stay denied.

Small Updates

Agreement to set new deadlines
See Here

and an Un-Seal Order
See Here

SkunK

Status Conference Detail

See Here

SkunK

So Ordered

See HERE

SkunK

I saw one sentence in there that has a colon, a semi-colon, three comas and some bullet numbers.  One sentence.  That race car covered some ground, but not sure exactly where it is going.  That's why I picked "other words" above . . .

GERS Responds to Western Stay Request

Here are some gems below . . .

 

" . . . the ethanol plants serviced by ICM are more than mere resellers, they are the actual infringers of the patent, and they use the patented method to recover and sell corn oil worth millions of dollars per year."

 

". . . infringement is a determination that must be made in reference to each defendant’s particular plant."

 

"The continued infringement hinders CleanTech’s ability to license the technology to ethanol plant operators who consider using (or are currently using) the corn oil extraction technology. When CleanTech is able to successfully license the patents-insuit to a customer, it is at a substantially reduced rate than it would be but for the infringement. Worse still, the continued infringement may cause current licensees to reconsider their licenses."

 

See Here

 

SkunK

 

Finally some new filings . . .

AOS - 18

The icm aos system has been talked about quite a bit in discovery disputes in the ongoing patent infringement litigation.  How many AOS systems are there?

According to icm - this month - at least 18:

"To date, ICM has fulfilled more than 18 contracts of our U.S. patented AOS™ system to customer plants."

See Here

*****************************

Oh, and that tricanter system that all the fuss is about?  It is now marketed as the "Base Tricanter System".

"ICM's BTS™ separates oil from the post-fermentation syrup stream as it leaves the evaporators. The oil is routed to settling tanks, and the remining {remaining} concentrated syrup is routed to your plant's exisiting {existing}syrup tank. Utilizing Flottweig's differentiated Tricanter® centrifuge, . . "

Sea Hear  I cannot spell either - but I normally spell check my work!  remining? exisiting? {See Above}

*****************************

SkunK

I could not find any litigation information on the ICM site.  Nor any "indemnification" information.  Maybe I missed it.  It used to be there.  This combined with Lincolnway's admission of growing litigation costs could mean something.  Something important.

Indemnification?

Indemnification was promised by ICM for their tricanter customers.

Lincolnway was one the first to receive Indemnification.  Lincolnway now says this:

"Lincolnway Energy is unable to determine as of the date of this quarterly report if the proceedings will have a material adverse effect on Lincolnway Energy. The proceedings have, however, significantly increased Lincolnway Energy's legal costs."

See Here page 25

SkunK

So Lincolnway is paying their own way?  What indemnification?

I thought indemnification promised this:

". . . harmless from all claims, liabilities, and costs including attorney fees arising out of the infringement . . ." 

 "I am shocked — shocked— to find that this indemnification promise might not be honored!"

Pacific Ethanol

PE Reply to Complaint

GERS' Reply to the Reply

Joint Status Report

SkunK

BUZZzz

See Here

SkunK

GS Cleantech Corporation v. Aemetis

See Here

This appears a little different than the new recent litigation.  It seems to be a COES supplier.  And operates its own systems.  Not sure, but I suspect they got the information confirmed from one of the new defendants recent pleadings that they may be a technology supplier.  This pulls back the curtain a bit on the potential royalty base.

SkunK

Thanks to Slash again for the heads up in the previous comments section.

2Q is Out!

See Here

As of August 14, 2013, there were 293,953,846 shares of common stock outstanding.

In April 2013, the Company’s investment in ZeroPoint was restructured in conjunction with a new preferred stock financing.

Revenues for the three months ended June 30, 2013 were $4.7 million as compared to $4.2 million generated during the three months ended June 30, 2012.

SkunK

Lots of News, great comments in the previous blog, more later . . .

Biofuel Energy lease

What does it cost to lease Two COES?

"Pursuant to these lease agreements, the Operating Subsidiaries are paying approximately $4.3 million per year for the corn oil extraction systems."

see here
4th paragraph

SkunK

Another GreenShift Idea "Discovered"

Co-Locate Biodiesel Micro-plant at Ethanol facility to take advantage of Corn Oil Feedstock.

See Here

Here is a 2007 article where GreenShift describes their projects of

"co-locating four corn oil-based biodiesel plants on site 

at ethanol plants in the U.S. states of New York, Iowa, Indiana,
and Illinois. They will be small-scale modular plants,

ranging from 5 to 40 MMgy, and will be integrated with the

host ethanol plant."*

 

 

SkunK

The first article has another reference to the Ethanol Industry 80% corn oil extraction saturation estimate.  I believe that of the four plants above the Indiana plant was built and is still operating. 
The Great Recession and the credit freeze stopped many of these capital intensive projects in their tracks.

Defendant Civil War

Farmers invest life savings to form closed Co-op.  Farmers promise to sell Co-op their corn.  Professional management pays them less than market value and then shows a profit.  Nothing is mentioned in the article, but management/employee bonuses are often tied to profits.  Retired farmers have to buy at market price and sell to their own Co-op at less than market price to meet their legal obligations.  Active farmers just take a hit on every bushel of corn they sell to their Co-op.    Changes pushed through in the bylaws have made it difficult for the farmers to influence decisions.  Farmers are afraid of being forced out if they object to policies.  What could possibly be wrong here?

SkunK 

New COE Patent Approved!

Here is the Notice of Allowance
See Here

Here is the Index of Claims

They will get 'er issued soon - cause they paid for it here.

SkunK

Another GERS Patent

Dave Winsness, the GreenShift Chief Technology Officer recently came through with another approved patent .  Method of blending fuels and related system "8,489,233" was patented on July 16, 2013.  It is associated with 8,352,071 which was patented on January 8, 2013.  The assignee for both is GS Cleantech Corporation. 

SEE HERE.   

SkunK

Order

We have an order in the Western NY Case.  You can see no underline on the "10".  That means no document - yet. 

Will check again later . . .

SkunK

 

We Were Just An ICM Customer . . .

Western NY claims judicial economy would be served if we wait and see what happens at the MDL.

See Here

and Here

SkunK

United Ethanol - August

". . . the first half of 2013, United Ethanol produced 21,775,976 gallons of undenatured ethanol" 

".. . . extracted 5,638,880 pounds of corn oil."

According to my Casio hand held, that is about .26 pounds per gallon for this GreenShift customer. 

See Here

SkunK

+ Seven Days

GreenShift wins administrative order.  I expect a decision on summary judgment between Thanksgiving and Christmas.

New Schedule HERE

SkunK

GS CleanTech Corporation v. Southwest Iowa Renewable Energy, LLC

GreenShift Sues SIRE for Patent Infringement

See Here

SkunK

While I was out and about, thanks to Slash for posting the link to this in the comments of the previous post.

BOOM!

See Here
And

See Here

SkunK

I will be amaized if the judge allows the defendants to self-limit their discovery.    I expect the gavel to fall hard on somebody's fingers.

a Couple Minor Administrative Wins

See Here

And

Here

SkunK