Wednesday, April 30, 2014

10 Years

As we approach the ten year anniversary of when GreenShift invented commercial corn oil extraction, I have watched this dry mill ethanol industry go from distain, to skepticism, to discovery to acceptance.  I have seen some transform - from ridiculing the concept of corn oil extraction - to now arguing that it was so obvious that it should not be patented. 

Time makes fools of us all.

See Here

SkunK

Sunday, April 27, 2014

MDL Court Updates

GERS Motion Approved HERE

GOOD Stuff HERE
Defendants have deposed the inventors for a combined total of about 73 hours!
 
The Local Rule envisions that the nonmovant will identify specific facts in dispute; not provide a treasure map. Further, even if the new correlation chart complied with the Local Rules, Defendants have only addressed 44 out of the 124 statements of undisputed fact in CleanTech’s ‘037 brief. That means almost 2/3 (80/124) of the statements of fact remain undisputed.  Accordingly, the twice-undisputed facts should be deemed admitted.
 
These [exampled, twice-undisputed] statements of fact go to the heart of whether Defendants infringe the ‘037 patent.

Defendants have deliberately failed to identify these determinative facts. Accordingly, CleanTech’s undisputed facts regarding infringement should be deemed admitted. In view of these undisputed facts, summary judgment of infringement is warranted.
 
GERS asks for an Oral Argument

Protective Motion Here

SkunK

gersD

A company that has undergone a reverse stock split often gets the letter "D" attached to the end of its ticker symbol. This letter is used to designate a company that is undergoing a stock split of some sort (most often a reverse split), or some form of corporate reorganization. This letter is generally attached to the end of the ticker for approximately 20 trading days before it's removed.

SkunK

Friday, April 18, 2014

Defendants Say . . .

Defendants say '037 is obvious and obviously invalid.  See Here

Defendants request an Oral Argument [to set straight the USPTO, GreenShift and the MDL Court.]  See Here

SkunK

Thursday, April 17, 2014

Slyly

Tag-Along Defendants are slyly attempting to corner CleanTech between a rock and a hard place.  See Here
 
SkunK

Tuesday, April 15, 2014

R/S 100-one

Effective at close of business on April 11, 2014, GreenShift Corporation filed with the Secretary of State of the State of Delaware a certificate of amendment to the Company’s certificate of incorporation to give effect to a 1-for-100 reverse stock split.  The Company’s common stock will begin trading on a post-reverse split basis on April 15, 2014.

See Here

SkunK

Monday, April 14, 2014

Tag Along Now Along

GS Cleantech Corporation v. Pacific Ethanol Stockton LLC filed in  California Eastern District Court, has now been transferred into the Indiana Southern District Court as part of the larger Multi District Litigation.

See Here  (may have to put "cleantech" into the search engine under "party name".)

SkunK

Wednesday, April 9, 2014

Competition and Stickwater?

Valicor already has Corn Oil Separation Systems, its first-generation corn oil separations technology, installed at 40 ethanol plants.

VFRAC separates corn oil from stillage, not concentrated stillage. “We wanted to move away from the patent litigation and all the legal issues that surrounded all that,”

The separations process also creates stickwater, a low-solids liquid stream, fractionated from the whole stillage, Bleyer says.
See Here

SkunK

Starting today I will be writing a log instead of a blog.    Its not a top tier log but I hope to be above average.  Lets rate it a "B".  So I will start today writing a b log.  Completely different.  Instead of a blog.  Hope you like the change.  :~)

Wednesday, April 2, 2014

Tag Alongs Resist Canard

TAG-ALONG DEFENDANTS' RESISTANCE TO GS CLEANTECH CORPORATION'S MOTION TO AMEND THE SCHEDULING ORDER FOR TAGALONG CASES TO EXTEND THE DEADLINE FOR MOTIONS TO AMEND PLEADINGS

Clearly, therefore, the claimed need for additional time to assess whether ICM should be added to the Tag-Along cases is not remotely true and this portion of Cleantech’s motion should be denied in its entirety.

For Cleantech to say it needs 30(b)(6) depositions before it decides whether to add ICM as a defendant to the Tag-Along plants that use ICM’s process, when ICM has been a defendant from the beginning of this lawsuit, is a canard.
 
See Here


SkunK

The lawyers on both sides have generally supported each others extensions and the judge has gone along.  Now we see some aggressiveness out of the tag-alongs here.  It will be interesting to hear the judge's response to this.  It will also be interesting to hear GreenShift's response to the inevitable request for an extension on the part of the defendant tag-alongs.

 
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