Tue, Jul 22, 2014, 10:13 AM EDT - U.S. Markets close in 5 hrs 47 mins

Recent

% | $
Click the to save as a favorite.

Pacific Ethanol, Inc. (PEIX) Message Board

  • slashnuts slashnuts Feb 21, 2014 3:52 PM Flag

    Lawsuit Update: Amendment to Add Stockton/Magic Valley

    Link on IHUB...
    "3. Anticipated motion to amend the complaint against Tag-Along defendant Pacific Ethanol, Inc. to add related parties Pacific Ethanol Stockton, LLC and Pacific Ethanol Magic Valley, LLC."

    Lawsuit Update: GERS Entitled to SJ Against PEIX

    This will be over soon. PEIX will have no choice but to license GERS' family of patents.

    The validity of GreenShift's patents can not be disputed, therefor, summary judgment against Pacific Ethanol is in order.

    Not Raised any Genuine Issues

    In support of their invalidity challenges under § 112, Defendants rely mostly on attorney argument and ignore the undisputed facts. Defendants allege that the Patents-in-Suit are invalid because (1) the term “substantially” is indefinite; (2) the heating step is not supported by the written description; and (3) mechanically processing a stream containing at least 15% or 30% moisture is not enabled. However, the undisputed facts clearly demonstrate that the Patents-in-Suit comply with each and every requirement of 35 U.S.C. § 112. Defendants have not raised any genuine issues of material fact and CleanTech’s motion for summary judgment under § 112 should be granted.

    Sentiment: Strong Sell

    SortNewest  |  Oldest  |  Most Replied Expand all replies
    • There is no doubt GERS invented oil extraction technology.
      There is no doubt PEIX has infringed on GERS' family of patents.
      Defendant PEIX failed to prove otherwise and summary judgment is in order.

      Sentiment: Strong Sell

      • 1 Reply to slashnuts
      • "With respect to the absolute percentages advocated by the Defendants’, the Court concludes that the argument improperly seeks to import limitations from the specification into the claims. First, the Defendants cannot point to any language in the claims, the specification or the prosecution history that limit the substantially oil free limitation to the quantities listed in Figure 2 of the ‘858 patent family. There simply is none. The claims, as recited above, are completely devoid of any reference to numerical quantities."

        "The Defendants contend that the statement “as claimed” in the underlined portion of the second explanation is a clear disavowal of claim scope as to all claims of the ‘858 patent and requires the concentrate or syrup after the oil recovery step to be substantially free of oil. The Court disagrees."

        Sentiment: Strong Sell

    • KEL is posting false information about GERS filing for bankruptcy. KEL is obviously agitated that she can't disprove GERS issued and valid patents will soon require PEIX to license GERS patents. She resorted to destroying her credibility.

      Sentiment: Strong Sell

    • "However, the undisputed facts clearly demonstrate that the Patents-in-Suit comply with each and every requirement of 35 U.S.C. § 112."

      "Defendant's Argument Fails as a Matter of Law..."
      Summary judgment is in order....

      Sentiment: Strong Sell

    • Defendants have not raised any genuine issues of material fact and CleanTech’s motion for summary judgment under § 112 should be granted.

      Sentiment: Strong Sell

    • Investors should be aware of this lawsuit and the drain it will have on earnings. PEIX doesn't make money like real ethanol producers GPRE, ANDE.
      Patent infringing PEIX doesn't have the size or the purchasing power. Their debt load is enormous. Cali is in a serious drought. Bluntly, PEIX's Q413 will suck, IMO.

      Sentiment: Strong Sell

    • It is extremely doubtful that GERS will even be able to continue with any Lawsuit based on their financial position.

      Winning a Lawsuit is NOT the same as collecting on a Lawsuit...

      GERS is DEAD....

      • 2 Replies to deeptunainsd
      • GERS has Top players like GPRE, ANDE, MPC, SXL under license.
        GERS sales jumped 38% and nearly broke even last quarter.
        GERS cash surged 168% to $4,300,000 (more cash than PEIX) last quarter.
        GERS has 1/2 a dozen new patents centered around biopolymer plastics produced from ethanol stillage. Patents that can include the use of HEMP fibers to produce NONTOXIC plastics.
        GERS is repaying debt at an increasing rate.
        GERS has projected many new customers this year.
        GERS lawyers just shredded the defendants invalidity challenges to pieces.

        Doesn't sound like a "dead" company to me.
        Summary judgment, then settlements to the tune of $100's of millions.

        Sentiment: Strong Sell

      • GERS has a company called YA Global backing them financially,
        for what that is worth, which I think is zilch.

        This was quite a surprise, especially for a Friday, huh? Up 5.36% to $9.05.
        Maybe that guy who kept saying that $8.00 was a wicked good
        buy knows what he's talking about.
        ;-)

        Biff

 
PEIX
18.40+0.27(+1.49%)10:12 AMEDT

Trending Tickers

i
Trending Tickers features significant U.S. stocks showing the most dramatic increase in user interest in Yahoo Finance in the previous hour over historic norms. The list is limited to those equities which trade at least 100,000 shares on an average day and have a market cap of more than $300 million.