GreenShift GERS - the unofficial site

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)

Tuesday, March 3, 2020

AFFIRMED

CONCLUSION We have considered the parties’ other arguments and each of the remaining issues raised on appeal and crossappeal and find them to be without merit. Accordingly, the judgments below are AFFIRMED

See Here

See Here

SkunK

15 comments:

Anonymous said...: Legal incompetence from beginning to end.; March 3, 2020 at 10:33 AM
Anonymous said...: It is ironic. Right now there’s a fat little thief popping a cork off of the most expensive champagne sold in Colwich KS and at the same time you have Kevin K and David W consoling each other that they are out hundreds of millions of dollars. And the ironic thing is that they all have the same people to thank - Cantor & Colburn.; March 3, 2020 at 12:02 PM
Anonymous said...: When KS stole the intellectual information they had no idea about a sale bar. They just figured they could get away with it. Rob a bank and then hope the judge says the bank didn't have the right paperwork.; March 3, 2020 at 12:21 PM
Slashnuts said...: USPTO VS The Court Of Appeals decision...Plumtree

The difference between the USPTO and The Court Of Appeals decision is reason enough to file a Writ. Plumtree, GERS' primary defense wasn't even considered.

The USPTO took Plumtree into consideration and correctly ruled in our favor.

The Court Of Appeals refused to consider Plumtree simply because it wasn't mentioned in The District Court and therefor ineligible for review.

Quote:

CleanTech contends that the District Court misconstrued
the law by failing to apply Plumtree’s requirement that the
“challenger must prove that the patentee 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.’” Appellant’s Br. 36. CleanTech,
however, did not make this argument before the District
Court and cited to Plumtree only once in its summary judg-
ment opposition and only for the proposition that the July 2003 Proposal was not invalidating because it “did not unambiguously require use of [CleanTech’s] patented methods[.]” J.A. 26364 (citing Plumtree, 473 F.3d at 1163).
Because we apply the law of the regional circuit as to pro-
cedural matters, see Info-Hold, Inc. v. Muzak LLC, 783 F.3d 1365, 1371 (Fed. Cir. 2015), here the Seventh Circuit,
we will not decide an issue for the first time on appeal, see
Scheurer v. Fromm Family Foods LLC, 863 F.3d 748, 755
(7th Cir. 2017) (“The well-established rule in th[e Seventh]
Circuit is that a plaintiff waives the right to argue an issue
on appeal if she fails to raise the issue before a lower court.”

File the Writ and get this reversed upon consideration of Plumtree.

Good Luck To All!$!$; March 3, 2020 at 12:54 PM
Slashnuts said...: Writ Of Certiorari, A Ray Of Hope...

"Focusing only on attorney-submitted petitions, the success rate is closer to 6%, a rate that at least offers a ray of hope."

https://supremecourtpress.com/chance_of_success.html

Good Luck To All!$!$; March 3, 2020 at 1:11 PM
Slashnuts said...: USPTO Allows New Patent NOA 02-25-20!

*Defendants claimed the USPTO was deceived and had they seen "the letter", the patents would've never issued.

*By allowing this new patent, the USPTO has seen the letter and rejects the notion it was deceived. Nor was it an offer to sell.

Go to the Public PAIR website...

https://portal.uspto.gov/pair/PublicPair

Select "Publication Number"

Enter # 20150191675

Good Luck To All!$!$; March 4, 2020 at 12:56 PM
Slashnuts said...: By David Hricik, Mercer Law School
Over on the main page, Dennis has written up GS CleanTech Corp. and Cantor Colburn LLP v. Adkins Energy LLC (Fed. Cir. 2020) [Fed Cir Decision][DCT Decision] (does Dennis ever sleep?), which affirms a holding of inequitable conduct.
That finding can ruin careers. Dennis examined the merits: I want to examine the procedure used on appeal. (I’ve taught civil procedure for decades now, and served as a clerk on the court a few years ago… this case is in need of correction by the full court or the panel on rehearing — whether it changes the outcome, or not, a point on which I have no view.) Whatever the merits, the panel mistates key issues of appellate review of inequitable conduct and contradicts prior panel decisions and even Therasense itself — and does so in a way that radically increases the scope of this equitable defense while, at the same time, failing to analyze the equities, oddly enough.
Specifically, first, the panel states the the standard of review of a fact finding of materiality underlying inequitable conduct is for abuse of discretion. That is just flat wrong. “[W]e review the district court’s findings of materiality… for clear error.” Am. Calcar, Inc. v. Am. Honda Motor Co., 768 F.3d 1185, 1189 (Fed. Cir. 2014). Accord, Regeneron Pharm., Inc. v. Merus N.V., 864 F.3d 1343, 1351 (Fed. Cir. 2017).
Worse, invalidity “under the on-sale bar is a question of law with underlying questions of fact.” Robotic Vision Sys., Inc. v. View Eng’g, Inc., 249 F.3d 1307, 1310 (Fed. Cir. 2001). Accord, The Medicines Co. v. Hospira, Inc., 881 F.3d 1347, 1350 (Fed. Cir. 2018). The panel examines for abuse of discretion of, not just the underlying factual questions, but the legal question. That is wrong. Indeed, it applied abuse of discretion to whether the invention was ready for patenting, which is also wrong.
As stated, reviewed the findings of intent to deceive for abuse of discretion: that’s wrong. “This court reviews the district court’s factual findings regarding what reasonable inferences may be drawn from the evidence for clear error.”
Therasense, Inc. v. Becton, Dickinson and Co., 649 F.3d 1276, 1291 (Fed. Cir. 2011)
And, third, the panel never (as the district court apparently failed to do) analyzed equitable balancing — given the circumstances should the entire patent be held unenforceable? I’ve often observed that nothing in Therasense changed the rule that, if the accused infringer meets its burden of showing both materiality and intent, “then the district court must weigh the equities to determine whether the applicant’s conduct before the PTO warrants rendering the entire patent unenforceable.” Therasense, Inc. v. Becton, Dickinson and Co., 649 F.3d 1276, 1287 (Fed. Cir. 2011).
The panel applied the standard of review on the ultimate issue — equitable relief — to fact findings and legal conclusions. It’s a slippery slope, and one with severe consequences to the boundaries created by Therasense: it allows district courts to make clear errors on factual findings and legal conclusions, but be affirmed on appeal so long as they do not abuse their discretion. Finally and in addition, lack of careful appellate review will lead to OED investigations into practitioners, as well as ruined businesses and scientific careers.

https://patentlyo.com/hricik/2020/03/mistakes-decision-cleantech.html; March 4, 2020 at 1:08 PM
Anonymous said...: Cleantech. File a new lawsuit on the new patent.; March 4, 2020 at 1:39 PM
Anonymous said...: This is day three after the court’s ruling. I find it disturbing that we have heard nothing from Kevin or the company. This was a huge event in the company’s history, it seems worthy of a public comment. They obviously knew the decision was coming and that there was a high degree of probability that it would be bad news, it’s a little shocking that they didn’t have a press release already prepared. Unfortunately, this lack of information conjures up all kinds of negative images. Did Kevin just fold up his tent and go home? Did he take off for Tahiti, never to be seen again? Or is he curled up in the fetal position and sucking his thumb on the floor of his office? I doubt it is any of these but with the lack of information, one never knows.; March 5, 2020 at 9:15 AM
Slashnuts said...: New Attis Video 03/05/20...

https://www.youtube.com/watch?v=djnJXAQ-8PU&feature=youtu.be

Good Luck To All!$!$; March 5, 2020 at 12:34 PM
Anonymous said...: So what has to happen to get some justice here? Like an unbiased judge to look at plumtree. The pto did. What's the court systems malfunction?; March 7, 2020 at 4:45 PM
Anonymous said...: We hearby the court of socalled justice do declare an without consideration of cleantechs defense, wholly inappropriately, do find blah blah blah we were all appointed by obummer and I, the first gay judge disgraced the lgbt community by trading sexual favors with Michael buchanon for flavorable verdicks.; March 7, 2020 at 9:01 PM
Anonymous said...: I knew this was going to be the outcome, mentioned my deep concerns over the past few months/years. I would give the odds of this being reversed by a Writ less than 1%. I give the odds of the Supreme Court hearing this almost nil. I will check back in another year of so. Kevin and his incompetent partners screwed themselves. And being him being a lawyer makes this is even harder to swallow.; March 9, 2020 at 6:12 AM
Anonymous said...: What a botched ruling based on hindsight. Is the panel for real? Inept? Corrupt? I've never seen the likes. Serious flaws and serious ethical violations. This must be withdrawn.; March 12, 2020 at 9:01 PM
Revelation said...: False witness. Men loving men. Shall not steal. 3/3. And here comes the pale white horse.; March 16, 2020 at 12:24 AM

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.

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.)

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)

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."

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.

GreenShift GERS - the unofficial site

Tuesday, March 3, 2020

AFFIRMED

15 comments:

Welcome!

Central Indiana

co2 Bioreactor

GERS Leadership

Flash Desiccate

Tornado Generator

Kevin Kreisler

Markets Around the World

Time Line for Patents

Most viewed blog in Last 30 Days

SkunKBlog visits last 30 days

Support Higher Ethanol Blends

The SkunK? Hunter?

CHAIRMAN of the GERS BOARD

"Roots" of Greenshift

Technicians and Magicians Behind the Curtain

Christopher Kennedy

Public History of the Keisler Family

The lovely Mrs. Rachael Kreisler

Kreisler Family Involved in GERS

The SkunK on the Big Picture Stuff

GERS CHART

Disclaimer

SkunK's Free GERS Video Store

It just don't fit anywhere else!

SkunK's Public Library; Magazine Section

GreenShift GERS - the unofficial site

Tuesday, March 3, 2020

AFFIRMED

15 comments:

Welcome!

Central Indiana

co2 Bioreactor

GERS Leadership

Flash Desiccate

Tornado Generator

Kevin Kreisler

Markets Around the World

Time Line for Patents

Most viewed blog in Last 30 Days

SkunKBlog visits last 30 days

Support Higher Ethanol Blends

The SkunK? Hunter?

CHAIRMAN of the GERS BOARD

"Roots" of Greenshift

Technicians and Magicians Behind the Curtain

Christopher Kennedy

Public History of the Keisler Family

The lovely Mrs. Rachael Kreisler

Kreisler Family Involved in GERS

The SkunK on the Big Picture Stuff

GERS CHART

Disclaimer

SkunK's Free GERS Video Store

Subscribe To SkunK's Blog

It just don't fit anywhere else!

SkunK's Public Library; Magazine Section