Friday, April 28, 2017

Nothin Honey

Just to let you know I continue to consume oxygen and exhale CO2, I just checked Pacer and SEC and see nothing to report.  I checked DVG in Pacer and he is still in this. 


I drove through downtown Atlanta Tuesday night and that place continues to generate traffic faster than it can lay asphalt.  And it is laying a lot of asphalt.


SkunK

17 comments:

Anonymous said...

Good, bad or indifferent, when should we expect to hear something??? Two days of meetings with the high priced arbitrator probably means a few days of analysis and then a multi-page report of the findings(all adds to the cost of course)brings us to mid-May. It would be interesting if not only right/.wrong was arbitrated but also any possible settlement figures, assuming this guys finds in our favor. One thing is for certain, they infringed in principle. Will the on-sale bar or the "un-clean hands" topics hold up? This is the main issue in my view!

Anonymous said...

an arbitrator decides, makes findings and has power to compel. This is a mediator. His only function is to suggest a fair settlement that both can accept. Certainty is his only promise, against the threat of an uncertain appeal.

Robin said...

well said anonymous. arbitrators usually try and often times fail, but when currency is involved instead of morality, both parties pay more attention.

it will be interesting to see the results though with my paltry few shares and participation of just about all the R/S, for me it's more entertainment value now than an investment. The stock price would have to go up to $2.00 a share to break even for me.

Anonymous said...

So maybe the mediator will submit his findings this week, then then all the companies review and comment. Could happen anytime now...

nobody123789 said...

Hopefully the extreme delay in filing the 10K is related to the settlement discussions and not lethargy.

Anonymous said...

As many times as the defendants quoted from GERS filings in the proceedings I can see why they do not want to give them almost a hundred pages of ammunition to wade through. They must have determined whatever negative from filing late is better than filing now.

nobody123789 said...

We will know the outcome of these settlement discussions in two weeks.

nobody123789 said...

New clause (statement) on GERS web site(?):

"GreenShift’s patented process is installed at over 80% of the corn-based, dry mill ethanol facilities in the United States, producing roughly 1.8 billion pounds and over $700 million in annual revenue."
http://www.greenshift.com/products/corn_oil_extraction

When the heck did this happen, not the inclusion of the paragraph, but cornering (80%) of this portion of the corn oil extraction industry? Assuming a paltry royalty of 10% that would be $70 million in revenue to GERS. Assume the OS count is 20 million (listed as 14 million today on Yahoo), that would be $3.5 per share in revenue. This simply cannot be correct as it would translate into a PPS in the range of $24.50 - $98.00

More likely is that the phrase "is installed" does not mean installed in royalty paying customers, but in all operations including those that are infringing.

Regardless of the interpretation, if they are not out and out lying, this is an objective measure of what is at stake in this litigation/mediation.

Anonymous said...

GreenShift’s patented process is installed at over 80%

This is a true statement. Upwards of 80% of the industry b>IS<b using GERS patent process to get corn oil. But all or most are in violation and not licensed.

Anonymous said...

If in fact there was a settlement resulting in millions in cash payments, aren't the common shareholders holding the bag while the preferred shareholders reap all the benefit's.?

nobody123789 said...

Could happen.

Anonymous said...

Look at the stock price. The odds of it becoming a $1 stock is built into the stock price. Anyone who thinks this is a slam dunk is nuts. However anyone who cannot see a possible way to substantial higher stock price, should not waste their time here. "If" something big happens you likely will have 24-48 hours to load the boat before the word gets out to the broader market. When you sell and how much % is also something to think about now. . .

nobody123789 said...

When we find out the results of the mediation I am expecting that we will learn that the appeal is going forward. Since they have to file with the Federal Circuit by May 19 -- eight days from now -- ("Should the mediation prove unsuccessful, the parties will submit a briefing schedule for the Court’s approval by May 19, 2017"); hopefully the Skunk will post this filing here soon thereafter.

Although a lot of money has been paid for prestigious talent to bring this to an end but I am no longer hopeful that a settlement will be reached. There is simply too much money at stake (direct damages and punitive award) for this to end "peacefully". KK/C&C hold too many aces and waiting another a year (or so) to collect far more than can be gained "peacefully" would seem like a wise course of action from their perspective.

Once it is learned that there will be no settlement, no windfall, in the immediate future the prospects for the share price are frankly dismal for the rest of this year.

None of this changes my view that the windfall is coming to GERS/KK/C&C; just not now.

nobody123789 said...

There is another reason that logic dictates that GERS will continue with the appeal. A "peaceful" settlement with the currently designated infringing companies may be difficult to impose on the many other infringing companies that have yet to be addressed. Clearly, from the data provided from the GERS' web site, most of the industry is infringing and the totality of all these damages far exceed anything to be gained from a settlement with the current set of infringing companies.

Once this appeal is finally adjudicated in the Federal Circuit (I say finally because the Supreme Court agreeing to hear this suit on Constitutional grounds seems remote at best) -- the patents will be finally validated, once and for all, with all the other infringing companies having no additional recourse. The leverage that GERS/KK/C&C would have in this position (perhaps a year or so from now) would seem to favor finishing the appeal process and thereby putting these other infringing companies in a legal "box" that would expedite settlements to recover damages from all of them without resorting to additional ponderous legal action.

In fact, in the face of this logic, I do not understand why they agreed to the 60 day delay in the appeal process -- obviously they know facts that we do not.

Anonymous said...

Two hurdles are:

-Unclean hands/signature issue
-On sale bar

How are you sure that we can overcome these?

nobody123789 said...

There cannot be inequitable conduct for not providing documents that were not pertinent to the case and the Federal Circuit ruling last July on a virtually identical issue clearly found that GERS did not violate the on-sale bar (provided clarity on the right to test an invention before being considered for sale). Thus, if there was no violation of the on-sale bar there can be no inequitable conduct associated with "hiding" documents that had no bearing on the outcome.

In addition, the USPTO categorically rejected McKinney's conclusion and ruled the patents valid after reviewing all the documents considered by the lower court. Add to that the long history of the Federal Circuit favoring the USPTO position in these disputes with the lower courts. The fact that the defendants were willing to negotiate after winning the summary judgement (with prejudice!) in the lower court speak volumes about what they know will happen if the Federal Circuit adjudicates the appeal, ...., ETC.

You make up your mind after you do your research associated with these facts.

Anonymous said...

analogy (by definition none are ideal)

DA throws on a weapons charge (unclean hands) when you get charged for holding up a liquor store.(sale Bar) Then you prove you did not hold up the liquor store because you were serving meals at the Little Sisters of the Poor and have 30 nuns and 500 homeless that will vouch for you. Even though you got plenty of weapons in the trunk of your Lincoln Town Car Cruiser, the weapons charges disappear too.

 
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