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Pacific Ethanol, Inc. Message Board

  • slashnuts slashnuts May 28, 2013 1:29 PM Flag

    Patent Infringement Lawsuit Filed Against PEIX, Injunctions Sought

    Patent Infringement Lawsuit Filed Against PEIX, Injunctions Sought

    Well, well, well, what did I tell you? Welcome to the world of patent infringement, lawsuits, and litigation. This lawsuit and the liability associated within will kill profits and kill PEIX's PPS.

    I told you NK was walking shareholders into a litigation buzzsaw and here it is. GERS has hired one of the most reputable lawfirms in California, in business for over 80 years.

    GERS has pledged to protect the competitve advantage licensed producers like GPRE, ANDE, BIOF, SXL, MPC, Calgren, United Ethanol, Advanced Bioenergy, and many more have over infringers like PEIX.

    I guess nobody here will have the character to say, "Good work Slashnuts, you called this long ago." No credit for 'ole Slashnuts right?

    Nope, I'm sure the same folks claiming this was all a lie, demanding proof of PEIX being sued, calling me names and so on will quickly turn into "patent lawyer experts". I bet these folks will claim to be smarter than the USPTO examiner and the judges with decades of expert experience. They'll side with patent infringing PEIX until the injunctions hit, cutting of the oil extraction units and possibly bankrupting PEIX again. These folks will offer no explanation as to how PEIX isn't infringing by centrifuging a product that's mostly oil from syrup. They'll also fail to explain why PEIX need not respect the law while other reputable companies respect this family of patents.

    Good Luck To All!$!$!$!$!$!$ , you'll need it.

    I just wanted to say, I told you so.

    Sentiment: Strong Sell

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    • Investors better wise up and put your money in companies that are not liable for stealing patented technology. NK walked shareholders into a litigation buzz saw, now investors will pay the price for NK's continued mistakes. Lawyers are expensive. This lawsuit will suck the profits from investors pockets. No wonder PEDCO wants out and is selling ownership as fast as possible. The patent infringing business model of PEIX is broken.

      Sentiment: Strong Sell

    • GERS has pledged to protect the competitve advantage licensed producers like GPRE, ANDE, BIOF, SXL, MPC, Calgren, United Ethanol, Advanced Bioenergy, and many more have over infringers like PEIX.

      I predicted this long ago...

      Sentiment: Strong Sell

    • Injunctions?!?!?! You extraordinarily stupid and annoying loser schmuck- you don't get injunctions BEFORE a judgment. You are not only a stupid clueless loser schmuck, you are a lying sack of dog #$%$ infesting the electronic media with your MISINFORMATION and your LIES! We will order a case of KY for you and send it to your prison cell...your new cellmate will be glad to do to you what we ALL want to do to you!

      Now, go post your non-legal non-sense on a LEGAL site and stroke your cellmate quietly in the corner, lying ignorant loser asholized schmuck YOU ARE THE PERSONIFICATION OF A DISEASE and your EXTORTION RACKET ((((will)))) be DISMANTLED!

      • 1 Reply to jackmcclain171
      • You sound frusterated. Aren't you the same person that claimed this lawsuit didn't exist and was all lies? Are you clueless? Have you never heard of a preliminary injunction? (PRE as in before final judgement?)

        GERS is seeking a preliminary and permanent injunction now that the courts have ruled against ICM. The preliminary injunction is based on the patents claims being interpreted in GERS' favor. ICM has filed for an appeal because they're losing.

        "A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. "

        In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:
        1.That there is a substantial likelihood of success on the merits of the case,
        2.That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
        3.That the balance of harms weighs in favor of the party seeking the preliminary injunction
        4.That the grant of an injunction would serve the public interest.

        The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.

        Sentiment: Strong Sell

    • BIOF is now higher than patent infringing PEIX. BIOF is extracting .90 pounds per bushel (legally licensed)while PEIX is burning milllions they don't have defending against this lawsuit, while exracting .59 pounds.

      Sentiment: Strong Sell

    • Will Patent Infringing PEIX go bankrupt again before or after the injunctions hit?

      Sentiment: Strong Sell

    • PEIX is infringing GERS' patents.

      Sentiment: Strong Sell

    • You people should listen next time. It would have saved you the fall from $6.40 to what looks to be soon below $4.

      Sentiment: Strong Sell

    • PEIX is infringing patented technology. NK needs to go...

      Sentiment: Strong Sell

    • NK just walked shareholders into a litigation buzzsaw. He's the one that caused this lawsuit.

      Stick your head in the sand. Hope and dream these lawsuits will just go away. Let's not face reality and the serious financial repercussions PEIX will now suffer as a result of stealing patented technology. Let's all ignore the fact that the judge and the USPTO are backing GERS and ruling against the infringers.

      Excuse me, but the American way is working hard for what you deserve. The American way is to invent, develop and patent an industry changing process. Not to steal anything that isn't nailed down. Ripping off somebody else's property because you're so desperate to make a profit.

      Great strategy, ignore the facts in front of your face. Ignore that train screaming toward you in the from of injunctions. PEIX can waste millions on worthless lawyers and will lose. The cost of litigation far outweighs the reasonable royalty GERS' deserves. PEIX will license with GERS when this is all over. Damages are now adding up daily and will cost shareholders 300% more than regular royaltys, plus lawyer fees.

      What a fool NK looks like now for stealing patented technology.

      This is exactly why I became alarmed when I was considering investing in PEIX. I knew about the liability of infringing these patents and PEIX management told me they were not licensed but watching the court case closely. Well now I guess they'll be watching it a little closer. LOL...

      Sentiment: Strong Sell

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