05/20/2019 | 139 | CLERK'S OFFICE QUALITY CONTROL MESSAGE: re:attorney entry of appearance Docket No. [138], ERROR: The entry of appearance for R. Rivard 138 did not list all consolidated and cross-appeal case numbers. CORRECTION: For future filings, please list all case numbers of the consolidated group. THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. [608376] [JAL] [Entered: 05/20/2019 10:43 AM] SkunK |
Thursday, May 23, 2019
For Informational Purposes Only
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Cheap error... She was running late to bring that snack to the 14U soccer match...
https://www.greenshift.io/
ATIS 2.19 USD +0.14 (6.86%)
May 24, 12:32 PM EDT
GERS @ 52 week high! $.20 next then $1
Nebraska Legislature Legalizes Industrial Hemp...
https://www.1011now.com/content/news/Hemp-bill-passed-by-Legislature-510410891.html
Nebraska once led the nation in hemp production...
http://www.enterprisepub.com/public/hemp-should-grow-in-nebraska/article_5b0717a4-7e55-11e9-9677-e7755674efff.html
Good Luck To All!$!$
Anonymous 2:10 pm...
Focus on this before you start cheering for, I mean begging for, $.20 or $1.00... This was from a post I made on 5/20...
And I quote myself:
Look at the MAX chart, focus in on 2/23/98, the all-time high share price. And yes, I have owed this turd that long but am too stubborn to dump. I figured it's not worth it at this point in time since I dollar costed down for over 20 years but worked my B/E down to $.18 on over 200,000 (split adjusted) shares.
What is painful is that the all time high is, are you ready, $1,619,999,981,568.00/share.
USDA: States Can't Block Legal Hemp Shipments...
https://www.marijuanamoment.net/states-cant-block-legal-hemp-shipments-within-their-borders-usda-says/
Statement from USDA...
https://www.ams.usda.gov/content/legal-opinion-authorities-hemp-production
Good Luck To All!$!$
Bill Introduced To Include Wood/Biomass Fuel In RFS...
http://ethanolproducer.com/articles/16233/bill-allows-fuel-made-from-federal-biomass-to-qualify-under-rfs
Ironically, ATIS just tweeted their frustrations about this the other day. The RFS doesn't have a path for biofuels made from wood/biomass.
Quote:
Inaction and unnecessary regulations by @EPA continue to hold back the development of advanced #biofuels. The @USDA and @ENERGY Biomass Board has named 2019 the #YearoftheTreee and pledged to advance woody #biomass as a viable sustainable feedstock bit.ly/2YLScEH
6:27 AM - 23 May 2019
https://twitter.com/hashtag/YearoftheTreee?src=hash&lang=en
Good Luck To All!$!$
Supreme Court Rules Cannabis Oil Extracts Are Legal!$!$
This is a significant win for GreenShift as well as others in the cannabis industry. Excellent news indeed as GERS is focused on cannabis oil extraction.
The lower court ruled incorrectly and was overturned by the Supreme Court. Sounds like that happens a lot lately!
https://www.leafly.com/news/politics/cannabis-extracts-are-legal-arizona-high-court-rules
Good Luck To All!$!$
Means nothing, we are still sitting at $.085...
NASDAQ: ATIS
2.79 USD +0.45 (19.23%)
After hours 2.92 +0.13 (4.66%)
As I have been saying for year, especially since July 2017 Federal Circuit ruling on a very similar issue -- the Federal Circuit WILL reverse the lower court's findings. Now -- https://documentcloud.adobe.com/link/track?uri=urn%3Aaaid%3Ascds%3AUS%3A546c89e8-d15a-464c-af8c-3eff05e2ba3a
What's The Definition Of Experiment, Trial,Test?
The first sentence of the letter offers "Agri-Energy a no risk trial".
Second sentence refers to the system as a "test module".
It goes on to say the "no risk trial" shall be confidential and all discoveries
of the trial are GERS property and shall remain confidential.
The definition of experiment: "a scientific procedure undertaken to make a discovery, test a hypothesis, or demonstrate a known fact.
"I have tested this by experiment"
experiment synonyms:
test, investigation, trial, inquiry, demonstration
Definition of trial:
test (something, especially a new product) to assess its suitability or performance.
Trial synonyms:
test, try out, carry out trials on, put to the test, put through its paces, experiment with;
Definition of test
take measures to check the quality, performance, or reliability of (something), especially before putting it into widespread use or practice.
"this range has not been tested on animals"
synonyms:
try out, trial, carry out trials on, put to the test, put through its paces, experiment with, pilot;
The Offer Letter's Intention Was For Experimental Purposes...
GERS intention was to demonstrate for the first time that the test module would work for it's intended purpose in an ethanol plant.
To prove this further, the end of the letter says GERS would install the system for no charge. The motivation for GERS wasn't to make money, it was to prove in this experimental trial/test that it would work as intended. They were willing to do the installation for free to test the experiment. The only thing offered for sale was the equipment at cost, not the methods that weren't yet proven to work as intended under real conditions.
A follow up e-mail stated they were excited about the potential to extract oil.
Thanks to Nobody for sharing the link with the board.
Good Luck To All!$!$
Trump Lifts Ethanol Ban, Allows Year Round E15...
The Trump administration on Friday announced that it would allow for the year-round sale of gasoline with higher concentrations of ethanol.
"The year-round approval of E15 will mean another outlet for corn growers, and lower prices for consumers that want to fill up with E15, which is generally offered 5 to 10 cents per gallon lower than E10 gasoline,"
https://www.foxbusiness.com/economy/trump-ethanol-gas-prices
Good Luck To All!$!$
Great news is suppose... Thanks Kevin's dad...
The very same Court of Appeals this case is now in front of issued an opinion that significantly affects GreenShift. In Barry VS Medtronic, The Court found an inventor has the right to know if the invention will work for it's intended purpose. This is significant because GERS was trying to show oil extraction would work for it's intended purpose in an actual ethanol plant. The lower court incorrectly ruled GERS was trying to sell an invention too early. GERS was trying to prove, for the first time in the history of the ethanol industry, that back-end corn oil extraction from concentrated stillage would work. They did, in fact, have the right to experiment and prove it would work as evidenced by this Barry/Medtronic decision. GERS will win this lawsuit.
About a month before GERS sent the offer letter, they were still trying to determine what to centrifuge. Thin stillage clogged the bench top tester. Concentrated thin stillage showed promise. It worked better than thin stillage but still clogged the bench top tester. This is why GERS wanted to test extracting oil from concentrated thin stillage with a solids discharging disk-stack centrifuge. They were excited about the "potential" (having or showing the capacity to become or develop into something in the future) to extract oil meaning they were still developing the methods.
If Agri-Energy had taken them up on the offer, it would've been the first time it was "shown or known" to work for it's intended purpose under actual, real-time conditions in an ethanol plant. That didn't happen until 2004.
If GERS was trying to commercially exploit the market in 2003, why was GERS willing to install the module for no charge? It seems to me if you're trying to commercially exploit something, one would need to make money. If it was ready for patenting, why did the letter beg for confidentiality and require that all "discoveries" remain confidential? It seems to me if one is still experimenting, they would be anticipating new discoveries. GERS was trying to incentivize the ethanol producer to gain access to their facility and test the invention. GERS didn't even own the centrifuge they offered to sell, it was Alfa Laval's. So what was the point of the offer if there was nothing to gain financially? The only reasonable inference as to why GERS would install the test module for free is they simply wanted to show that it worked.
Good Luck To All!$!$
The Federal Circuit ruled similarly in another case, July 2017. This was the directive that an inventor has the right to test and not toll the on-sale bar. It was at this point that I became certain of the eventual outcome.
It is very difficult to believe that GERS will not prevail. The Federal Circuit will have to reverse itself not once, but twice. The Chief Justice, Sharon Prost, assigns judges to the panel hearing the case based on a number of factors including previous experience with the specific legal issues of the case. Take a look at at the panels that heard the July, 2017 and Barry case. It is not the Federal Circuit Court that would have to reverse itself twice, but very likely some of the same judges.
So, Slash, it is now time for you to communicate to the defendants,"Good Luck To All!$!$", they are going to need it.
It is now June, the opening of the window that is being evaluated for the date of the oral argument. I am hopeful that we will hear that date soon -- another objective sign of the "eventual", becoming reality.
Now if KK delivers on his written pledge to get the filings up-to-date before the Federal Circuit renders its verdict -- it will truly be HAPPY DAYS for the long suffering Gerslanders.
NEWS!$!$ Attis Completes Sunoco Refinery Acquisition!$!$
https://www.nasdaq.com/press-release/attis-industries-completes-acquisition-of-corn-ethanol-plant-from-sunoco-lp-20190603-00667
100 Million Gallon Per Year Plant will be Basis for State-of-the-Art Green Tech Campus
MILTON, GA, June 03, 2019 (GLOBE NEWSWIRE) -- via NEWMEDIAWIRE -- Attis Industries Inc. (NASDAQ: ATIS) (the "Company" or "Attis"), a diversified innovation and technology holding company today announced that it completed the acquisition of the corn ethanol plant and grain malting operation in Fulton, New York from Sunoco LP(NYSE: SUN) ("Sunoco"). The ethanol plant immediately becomes an essential element of Attis' current operations and will be pivotal in the Company's expanding technology portfolio as it develops the site into a state-of-the-art Green Tech campus.
"We are incredibly excited to announce the acquisition of the Fulton corn ethanol plant and grain malting operations," said Jeff Cosman, Chief Executive Officer of Attis Industries. "This acquisition is an important milestone for Attis as we embark on our mission to be a significant contributor to the global renewable fuel market."
Attis acquired the nameplate 100 million gallon per year corn ethanol plant and grain malting operations for $20 million in cash with non-dilutive financing. The transaction includes a six-month transition services agreement as well as a 10-year offtake agreement for the ethanol produced at the facility, creating exceptional stability for Attis as it expands the capabilities of the facility over the next two years.
"When evaluating potential locations for Attis to establish a foothold in the renewable fuel space, the Fulton site was an obvious choice based on its strategic location to the strong northeastern fuel market, state-of-the-art and well-maintained facility as well as site expandability for future upgrades in operations," continued Cosman. "These desirable site attributes, as well as the state of New York's continued commitment to the growth of green energy, made Fulton an ideal fit for Attis."
Today, the United States consumes roughly 19 billion gallons of renewable fuel on an annual basis; however, Attis believes firmly that through the deployment of its innovative and transformative suite of green technologies, yearly production can nearly double while taking advantage of more carbon neutral feedstocks. Desperately needed innovation is required to realign existing production to the Renewable Fuel Standard's goal of 36 billion gallons by 2022.
"We appreciate the opportunity to have worked with Sunoco on this acquisition and look forward to continuing our strong relationship for the next decade," concluded Cosman. "As a company, we have established aggressive growth goals for the deployment of our transcendent green technology portfolio and look forward to relentlessly pursuing future milestones as we position Attis as the premier green energy producer in the world."
Good Luck To All!$!$
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