Wednesday, October 29, 2014

Ethanol Producer Magazine

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SkunK

37 comments:

Anonymous said...

Strong case for appeal. Two government entities, the patent office and this lower court, interpreted the same document differently. Court of appeals will side with one of these entities. 50% chance reversal, next to 0% recourse. 1 in 3 are reversed (average). I give it a 50/50 shot. Next to 0% chance ICM has any recourse through the Supremes after that.

1. letter lacked elements of commercial offer
2. Wasn't signed
3. Testing is a right, wasn't reduced to practice until 2004
4. Patents remain valid through at least 2015

Far from over

Anonymous said...

what exactly was "evaporator condensate" in 2003 ?

Anonymous said...

what was the water weigh and temperature of what exited ae's evaporator in 2003 ?

Anonymous said...

Dave, Dave, Greg, Kevin and Ed. Best of luck.

Anonymous said...

Now that YAGI bla blablabla, they wait a couple a days to open the flood gates.... duh?
The next bolus of of Nobody's meaningless post will hit the markets in the coming days. Count on it!
What is the weigh of evaporation of meaningless posts?
The biggest self proclaimed shareholder sold all his ass ets while no such quantities sales where recorded.
"Now something is different" is to be explained as now my dumbness is proven.
I'm going to shoot bears, want to buy dome hides already?
Why does everybody wait to hit the 0,00000000001 prediction point from mister predictor?
Is there any other stock in need of a perpetual liar? son according to his saying he will be obsolete from the GERS message boards......

nobody123789 said...

You are right about one thing. I recently, for a few thousand dollars picked-up several million shares. I did this, as I said at that time, that I had seen a signal that something very significant was about to happen. I hedged for the positive, but as I stated then, I knew that the negative was just as possible. We now know that the signal was real and negative. I have lost my bet and am moving on knowing that I will never seen a dime of it, even if a reversal occurs. The reason is simple -- the amount of time and money required to win this case, if it is won, will wipe us all out through R/S and dilution. If we do not win, we are wiped-out. I can accept that realty, can you? If you can't afford to play stock poker you should not play!

Anonymous said...

If a attorney argues with himself in a forest and nobody hears him does he make a sound?

nobody123789 said...

WOW! Some big time gambler just placed $160 on the Pass Line.

Anonymous said...

OMG

the panic is totaly brutal; look at YAGI running for the exit, massive bolus, zero bid, bankrupt, I don't play stock poker only fools do. Realty I can accept, just sign over the deed you stupid. Betting the farm is indeed something one would do who brags on message boards that he is the biggest stock holder in GERS

nobody123789 said...

"Betting the farm"? That was a few grand, pocket change. Take your penny-ante game on the road. While you are moving on take a look at the unblemished record of stating where the PPS would head, while hoping I was wrong. Eight plus years of being right on, unfortunately.

Anonymous said...

Does anybody really give a shit?

Anonymous said...

Bottom line is whether GERS can continue through an appeal, especially if they are deemed liable for the defendant's legal fees. YAGI funding agreement ends in December and even YAGI will decide whether to suck it up and fight it or drop GERS cause.

Also, what does this mean for GERS current account contracts. If they bail on GERS, can GERS afford to sue them.

This is a real game changer here. My guess is GERS is hoping some of their new patents gain traction and they find new money.

nobody123789 said...

That at much more make this a real challenge. GPRE is and always has been paying reduced royalties to both GERS and ICM in order to hedge against a stockholder lawsuit if they choose the wrong horse in this race. My guess is that they will continue in this manner until all appeals are resolved.

New Money? At this time only a wet dream and they know it. That is why I expect to see a BK filing.

Anonymous said...

Judges are only human, they make mistakes. This one has a history of it in this case. Remember the first Marksman? Judge error corrected in revised Marksman. Have no fear GS. Court of appeals will correct the judges latest error.

nobody123789 said...

It is Markman.

Anonymous said...

Says the attorney.

Anonymous said...

Bid/Size: 0.0013/7,849,497
Ask/Size: 0.0016/266,389

nobody123789 said...

Those 7+ million shares bid at 0.0013 better get out quickly or they are going to be sucked into the downward vortex to oblivion.

Anonymous said...

Wow whose got $10,000 bid attorney?

Anonymous said...

McKinney, Lynch?

nobody123789 said...

Yah, right -- the judge issued the order so he could buy shares at a reduced price. Absolutely delusional. I hope the remaining common shareholders are brighter.

Anonymous said...

Bid/Size: 0.0013/9,149,197
Ask/Size: 0.0015/82,548
Volume: 530762

Anonymous said...

So whose got a $12,0000 bid attorney?

Anonymous said...

Really it's your delusional idea. same idea but a SJ then reversal will give more bang for the buck.

nobody12378 Sunday, 10/19/14 07:28:27 AM
The judges know what the impact of the SJ will be on the PPS. We will see a flurry of major buying by the judges and their families prior to the SJ being released. If you think that they will not stoop to this level of unethical conduct you are mistaken.

nobody123789 said...

The first is unethical the second is illegal -- jail time.

Anonymous said...

Boys, boys, boys....as somebody closely privileged (or maybe not after all) to the case and have been involved since the beginning...it's is over. There are 5 points that the patents where struck down for...overturning 5 counts is just not going to happen. Do not shed a tear for these guys, over the last three years they have all have been extremely well and all will to bed in a nice home with plenty of money in the bank. In the end they worked the system and the courts and came up a bit short...but they have not suffered in any way.

Best to luck to all you.

Anonymous said...

Not so. Neither are punishable by jail time. judges may not sit on cases in which they have a financial interest, according to a federal law. A similar rule is also in place in the code of conduct established by the court system.

Judges have been warned.

Yet the problems continue.

Judges face no formal punishment for breaking these rules.

Appellate judges can affect a company’s stock price — or even an entire industry sector — with their rulings. They are also far more likely to own stock than the average American, making it all the more important for them to avoid the perception that their holdings could influence their rulings.

Yet break them they do.

nobody123789 said...

Anony 3:50, care to give those of us not so privileged some hints? Given that the claims construction has twice gone almost completely GERS' way, my feeble mind is having difficulty coming up with four more reasons for a SJ for invalidity besides failing the no sale bar. Any hints greatly appreciated.

Anonymous said...

It's a real problem.

http://californiawatch.org/money-and-politics/federal-judge-s-rulings-favored-companies-which-he-owned-stock-18680

http://www.publicintegrity.org/2014/04/28/14630/federal-judges-plead-guilty

Anonymous said...

Speaking of vortex!

"ICM Inc. is installing centrifuge technology provided by Vortex Dehydration Systems LLC in two of ICM's 40-mmgy plants, according to ICM Director of Plant Services Cheri Loest. She said the skid-unit technology intercepts the thin stillage stream before it enters the evaporator and removes corn oil. General Manager Dave Kramer told EPM he intends to implement the Vortex centrifuge in Sterling Ethanol, a 40-mmgy Colorado ethanol plant that recently broke ground"

Anonymous said...

was cantrell going to make anything from the chicken processor to be delivered to agri=energy?

nobody123789 said...

New all-time record low on large volume; 0.0012. Expect more to come. YAGI needs a few bucks and no one with any idea of what is happening here will buy.

Anonymous said...

Update: GERS corporate office...running on candle light this morning? Tough times ahead.

Anonymous said...

In EZ Dock v. Schafer the Federal circuit addresses the application of the experimental use exception. It reversed summary judgment based on an invalidating public sale use. The court explained, " The Supreme Court expressly preserved the experimental use or sale negation. The Federal Circuit held that the new "ready for patenting" standard did not affect the experimental use doctrine. Thus, the Supreme Court and this court apply the experimental use negation without conflict with the "ready for patenting" prong of the new on-sale bar test.

nobody123789 said...

Legal points on the on-sale bar are relevant,but, there may well be other substantive reasons for the invalidity, and even if appeal is successful any one currently holder GERS' common will not profit.

nobody123789 said...

Last five filing dates of Q3:

11/23/2009
11/22/2010
11/21/2011
11/19/2012
11/14/2013

Bets on number of outstanding shares?

Anonymous said...

EZ Dock v. Schafer


nice case.

 
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