. . . IN SUPPORT OF ITS MOTION TO FILE AN EXTENDED BRIEF UNDER CAFC RULE 28(C) .
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SkunK
Thursday, May 24, 2018
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3:14-4:50 GERS COES
CliK PiK (Long Range Adv Tech)
GERS Patented Tech-MSNBC
Feedstock Conditioning!
Chairman, President & Chief Executive Officer, 37
So who will benefit from this relationship? Stay tuned to find out!
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
I am the SkunKhunter. I hunt down SkunK stocks. Those are stocks that have been beat down past any reasonable justification. I try to ride the stock up as market forces eventually right the ship of PPS. A SkunK is not a herd animal. He is a scavenger who knows that arriving before the herd means big profits and clean shoes. This is the journey of the GreenShift Corporation. Updated weekly between COB Friday and Sunday evening. (Disclaimers on Bottom of Site)
Welcome!
Want a break from reading all your DD? I am now featuring some GreenShift Media.
Central Indiana
3:14-4:50 GERS COES
co2 Bioreactor
CliK PiK (Long Range Adv Tech)
GERS Leadership
Flash Desiccate
GERS Patented Tech-MSNBC
Tornado Generator
Feedstock Conditioning!
Kevin Kreisler
Chairman, President & Chief Executive Officer, 37
Markets Around the World
New York
Frankfurt
***
Tokyo
Time Line for Patents
- 17 Aug 2004 Clean Tech filed first COES Provisional Patent Application “050”
- 2004 Inventors Disclosed Technology to ICM. ICM executed Confidentiality Agreement. ICM purchases two authorized COES.p3
- June 2005: Westfalia is still "developing" COES technology while ICM is finally installing the two COES bought from the Inventors the year before
- 2005 The Inventors invited Ethanol manufacturers to symposium to hear about COES – 30% attended.(SkunK's idea on which one)
- 5 May 2005 Clean Tech filed first COES Non-Provisional Patent Application “859”
- 23 Feb 2006 '858 patent publication date.
- 23 Feb 2006 '729 publication date
- 6 May 2009 GERS receives Notice of Allowance for first Patents
- U.S. Patent 7,601,858 issued 13 Oct 2009
- U.S. Patent 7,608,729 issued 27 Oct 2009
- 16 Feb 2010 Notice Of Allowance Issued For Third GreenShift Corn Oil Extraction Patent
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The SkunK? Hunter?
So who will benefit from this relationship? Stay tuned to find out!
CHAIRMAN of the GERS BOARD
Mr Kevin Kreisler maintains his GERS stock through his holding company: Viridis Capital, LLC. Mr. Kreisler is a graduate of Rutgers University College of Engineering (B.S., Civil and Environmental Engineering, 1994), Rutgers University Graduate School of Management (M.B.A., 1995), and Rutgers University School of Law (J.D., 1997). Served as the Company’s vice president from 1998 to 2000, president from 2000 to 2002, chief executive officer from 2002 to 2005 and has served as the Company’s chairman from 2005 to the present. Admitted to practice law in New Jersey and the United States District Court for the District of New Jersey. Kevin Kreisler is the sole owner of Viridis Capital LLC; GreenSpace Capital, LLC; Incandent Capital, L.L.C. Mr. Kevin Kreisler is about 37 years old.
"Roots" of Greenshift
- Greenshift Corp - until present
- GS Clean Tech Corp - until 2-2008 - 1-50 Reverse Split 12Dec2007
- VERIDIUM CORP until 7-2006
- KBF Pollution Management Inc from 3-1996 until 10-2003 - 1-20 Reverse Split 21Oct03
- KBF Pollution Control Inc 1984-1996
- Kreisler Bags - then - Kreisler Bags and Filtration 1979-1984 (hence "KBF" above)
Technicians and Magicians Behind the Curtain
David Fred Cantrell - Graduate of the University of Georgia where he received a Masters Degree in Poultry Science and Statistics. Co-inventor of COE technology with Dave Winsness. Started: Cantrell Winsness Technologies LLC. Next: CEO of Mean Green Biodiesel. Works out of One Penn Plaza, NY?
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Christopher Kennedy
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Public History of the Keisler Family
The lovely Mrs. Rachael Kreisler
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
Kreisler Family Involved in GERS
Lawrence M. Kreisler - Lawrence is the sole owner of Serenity Capital, LLC. Built Kreisler Bags, then Kreisler Bags and Filters, then KBF Pollution Control Inc., then KBF Pollution Management Inc. After 1-20 R/S Sept2003 company was taken over by Veridium Corp in Oct2003, controlled by son Kevin. Resigned, effective December 31, 2003, as an officer and director of Veridium Corporation. Continued to work at Veridium's Paterson, New Jersey based recycling facility, that was designed on recycling technologies he invented. His employment was terminated in July 2004 due to irreconcilable philosophical differences in how to best operate and grow that facility. Bronze Parachute included: 100 percent of his salary of $150,000 through December 31, 2004 and 50 percent of his salary through December 31, 2006. Medical benefits until the age of 65. Lawrence is about 61 years old.
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
The SkunK on the Big Picture Stuff
Capitalism
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
GERS CHART
Disclaimer
**Traditional SkunK Disclaimer.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
When you're one step ahead of the crowd you're a genius. When you're two steps ahead, you're a crackpot.
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
SkunK's Free GERS Video Store
Posts
It just don't fit anywhere else!
SkunK's Public Library; Magazine Section
- June 2008 Bio-Diesel Mag - New Bio-Diesel method that can use corn oil
- Marion (3rd COE) site and COE/Biodiesel
- Dr. Bayless explains Algae process he sold to Greenshift
- Our Algae slime is 94% starch and 6% oil
- and the super "algae" comes from Yellowstone
- Biodiesel Nov 2006 - The Matchmaker
- Forbes Dan Fisher Article
- Distillers Grain Quarterly - 2007 1st Quarter - "COE Opens New Markets"
14 comments:
I hope the Federal Circuit sees the circular reasoning being provided by the Appellees. The more they write the more they seem to make GERS' case.
I read the entire reply and in a effort to bolster the Exceptional and Extraordinary case claims, GERS used a summary of the facts of the case as presented by the defendants and this is a scary read. Appendix 1 really smells rotten...
I meant Exhibit A
Would you elucidate on " ... really smells rotten ..."?
Simple, just read Exhibit A. I find it hard to believe, if true (Judge saw it to be true and ruled accordingly in his eyes), that Kevin could let all this happen in light of the fact he is an attorney. If true, it sounds like Winsness and Cantrell we running amuck and Kevin didn't have control of them. Which, in all honesty I find hard to believe but stranger things have happened with these guys over the years. I can't believe that Kevin, as an attorney, didn't know of or simply ignored the on-sale bar anniversary date. And I find it hard to believe they handed this off to Andrew Dorisio and never told them of the offer to sell from the previous year on July 31st. So it begs to ask, if an attorney (Dorisio) is guilty of malpractice (hypothetical), can a decision be overturned regarding the late filing past the on-sale bar deadline on these grounds? So messy, he said and he said...
Lastly, and it is hard to refute, the unscheduled meeting at Agri with Darryl Nelson is a little unsettling. Is he simply lying?
I am long and have been for years but you would have to agree this smells rotten...
Please enlighten me if you disagree and let me know specifically where you may think I am wrong...
All of this has been reviewed by the USPTO; all of the filings used by McKinney to come to his judgement. They found that it did NOT invalidate the patents, that violation of the on-sale bar did NOT occur, and therefore all documents that attest to that were irrelevant.
For whatever reason, McKinney refused to allow the USPTO reassessment and did NOT agree to GERS' petition for his reassessment based on this critical position. Judge Stoll (on the Federal Circuit who appears to be handling the pre-appeal motions) worked in the USPTO for years and will likely have a different assessment of the value of their opinion.
Frankly, what either side states to defend their position is skewed in their favor and cannot be accepted. I would not get worked up or excited by whatever either side states -- they are only legal "truths" in my eyes. The USPTO position along with the Federal Circuit ruling on bench testing versus an offer to sell in July 2016, are objective and unbiased insights as to how the outcome will unfold.
It is useful to see how/if the motions and filings at various levels hang together -- i.e are they consistent. The appellees appear to fail this evaluation. In any event, one cannot count on a single filing to mean anything. They all must be integrated and evaluated in total.
But if you are long, a GERSlander, that thinks that something "stinks" in GERSland, then perhaps you should exited stage-left and attempt to recover any profit that you have, before your fears become fact (IF THEY DO).
I gave a very objective commentary, voiced my concerns and trust me, I am long. I am also trying to recover my losses, not "recover any profits" as you state. I appreciate your assessment and recap, let's hope that Judge Stoll the new panel of judges, if it gets that far, sees it that way too...
"... if it gets that far". I hope that you are not suggesting that another round of settlement discussions are in the offing. We have painfully learned that this was just part of the delaying tactics used by the defendants and that GERS/C&C were led astray by being enticed by the defendants into that nine plus month delaying charade. (By the way, why would the defendants even suggest a settlement if the facts and details that you read in Exhibit A were "rock solid"?).
No, we must bite the bullet and ride this long torturous journey out in the Federal Circuit. That result is in all of our interests with the widest industry implications.
Nope, wrong read... I was not suggesting that!
What are your comments on Prevost?
I am certainly no expert in the legal components of this case. But I can read and there are apparent inconsistencies the Federal Circuit will need to sort out.
For example, http://www.greenshift.com/news/item/4
Steven Pokotilow of Stroock & Stroock & Lavan is an excellent litigator who's incredibly knowledgeable and experienced.
Any one have any idea how Stroock, Stroock & Lavan are being paid? Are they on contingency? Are they being paid by GERS via billable hours and where has that cash come from? Is C&C footing the bill as part of their contingency agreement with GERS? It does not appear that GERS has been diluting to create cash for this purpose. Another mystery in a layer of mysteries.
They may be riding on the promise of a huge win for GERS...
https://globenewswire.com/news-release/2018/05/31/1514744/0/en/Attis-Industries-Acquires-Clean-Technology-Licensing-Business.html
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