Wednesday, February 13, 2019

Here It is . . .

RESPONSE BRIEF

See Here

SkunK


11 comments:

  1. so what does this exactly means? What is the next step?

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  2. Compelling arguments, defendants are in trouble here.

    I love how GERS' debunked the claim of being reduced to practice in June/July of 2003.

    Thanks SkunK!

    Good Luck To All!$!$

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  3. Their entire argument debunked by our attorneys… How long before ICM files for Chap 11?

    This Court held that, to invalidate the method claims-in-
    suit, the patentee must have either: (i) “made a commercial offer to perform the

    patented method;” or (ii) “in fact performed the patented method for a promise of
    future compensation.” Id. To be a “commercial offer to perform,” the “offeror must
    be legally bound to perform the patented method if the offer is accepted.” Id. On
    summary judgment, this requires that the “agreement ... unambiguously require use
    of the patented method.” Id.

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  4. The whole team came to bat:

    On behalf of GS CleanTech Corporation and Greenshift Corp.
    Steven B. Pokotilow
    Binni N. Shah
    Wesley A. Horner
    Stephen Underwood
    STROOCK & STROOCK & LAVAN LLP
    Michael J. Rye
    Charles F. O’Brien
    Chad A. Dever
    Michele C. Perino
    Andrew C. Ryan
    Tasia E. Hanson
    CANTOR COLBURN LLP
    James P. Strenski
    CANTRELL STRENSKI & MEHRINGER, LLP
    Robert A. Carson
    David L. Newman
    Joseph P. Bonavita
    GOULD & RATNER

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  5. Now is when I (begrudgingly) state that several detractors have the thread of an important issue.

    If KK were up-to-date on his filings and all that would mean relative to access to GERS' shares (brokerages allowing trading, etc.) and desirability of ownership, we would very likely see, in the near future, a modest to large explosion of the PPS. That near future would be the event that many of us have been predicting for a long time -- vindication upon appeal. However, the final vindication awaits further substantial court process and litigation until the damages are affirmed ($100s of millions of dollars) that will cause this to absolutely explode.

    "For the foregoing reasons, and the reasons in CleanTech’s Opening Brief, the judgment for Appellees must be reversed, the judgment against Adkins must beaffirmed, and this case must be remanded for further proceedings."

    But just the appeal reversal itself would make many of us wealthy IF KK does as he has pledged several months ago.

    So now I add my voice, which has never been demanding, to the chorus -- Mr. Kreisler, the final brief of the appeal has been filed, there appears to be little reason to withhold any data now. Many of us (very) longs deserve your attention and consideration. Do what you have promised -- GET THE SEC FILINGS UP-TO-DATE, sooner than later.

    I know that you read this blog and I hope that you take this message to heart.

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  6. It means buy more stock that's the next step. Because when they win this will be dollars.

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  7. That is one of the problems very few, perhaps only two, brokerages allowing trading in GERS. Get those filings up-to-date and many of these restrictions vanish and interest, good news, etc., can be translated much easier into gains in the stock price.

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  8. Nobody,

    I of course, agree we want a higher stock price and that getting filings up to date would help that. However, isn't the reason we are not in compliance is to ward off the dilution with our creditors selling into any rise in price??

    PS just got charlie schwab account and it works for gers.

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  9. Why would they sell if they had a tiger by the tail -- they are not stupid? The only way to wake that dead cat is with an infusion of SEC filings.

    If KK waits (filing with the SEC) until the Federal Circuit reverses the lower court, and for the lower court to deliver the sanctions and for the sanctions to be acted on -- we could be many years away from any movement. Also consider that KK said that the filings would be up-to-date at the end of 2018 and the debt holders can always sell no matter what the PPS, thus that is a phantom fear.

    No, the key is getting the SEC filings in, thereby increasing the brokerages that allow trading in GERS, creating a demand for GERS' stock. Then there is no need to fear those dastardly debt holders. In that case (filings up-to-date), if they want to dump their shares for a few cents a share I will be buying them, won't you?

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  10. Nobody - on it. Our updated and current goal is to be current well before a decision is rendered.

    Our research team has made some recent strides in adjacent technology portfolios that are nearing commercial feasibility. Growth with any one of these processes requires us to be current in line with elimination of the last of our pre-crash debt irrespective of the corn oil saga - especially the CO2-to-Ethanol processes.

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  11. The Clerk of Court told us today that the oral arguments could occur in a two to three month range from now-- depending on other non -anticipated events. If that happens perhaps we can meet at the Hay-Adams this summer?

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