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John Petersen  

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  • Axion Power Concentrator 397: Apr. 30, 2015 [View instapost]
    In my experience the only people that are ever happy with a lawsuit are the lawyers who get to bill several hundred dollars an hour and get paid first. Without a smoking gun and incredibly deep pockets, the lawyers are typically the only people who get paid.
    May 5, 2015. 10:03 AM | 5 Likes Like |Link to Comment
  • Axion Power Concentrator 397: Apr. 30, 2015 [View instapost]
    Most lawyers wouldn't even consider a suit against Axion's directors because the Certificate of Incorporation says:

    "No director of the Corporation shall be liable to the Corporation or its shareholders for monetary damages for an act or omission (or an alleged act or omission) in a director’s capacity as a director, except that this Article VI(d) does not eliminate or limit the liability of a director to the extent the director is found liable for:

    (i) a breach of a director’s duty of loyalty to the Corporation or its shareholders;

    (ii) an act or omission not in good faith which constitutes a breach of duty of the director to the Corporation, or an act or omission which involves intentional misconduct or a knowing violation of the law;

    (iii) a transaction from which a director received an improper benefit, whether or not the benefit resulted from an action taken within the scope of the director’s office; or

    (iv) an act or omission for which the liability of a director is expressly provided for by an applicable statute.

    If the GCLD or any other applicable law is amended or adopted to authorize corporate action further eliminating or limiting the personal liability of directors, then the liability of a director of the Corporation shall be eliminated or limited to the fullest extent permitted by such law(s), as so amended or adopted. No amendment to or repeal of this Article VI(d) shall apply to or have any effect on the liability or alleged liability of any director of the Corporation for or with respect to any acts or omissions of the director occurring prior to such amendment or repeal."
    May 4, 2015. 06:34 PM | 3 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    NSC launched the original NS 999 with great fanfare in September 2009, but that PR campaign was cut short when the battery issues became obvious.

    The November 2009 issue of BizNS has a very good story that explains the PR backpedaling.

    http://bit.ly/wrFRnF

    This time around NS spent months testing the Gen2 NS 999 under black canvas before starting it's PR machine.
    May 4, 2015. 04:29 PM | 3 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    Unless I'm mistaken, Ed has said several times that they didn't incorporate lead into the AC sheeting.
    May 2, 2015. 09:56 PM | 3 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    I wonder if they take contributions from out-of-state interests? It might be a worthwhile donation with laudable goals. <es>
    May 2, 2015. 06:02 PM | 1 Like Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    I am beyond perplexed by the fact that the PbC is a very good storage device and Axion's stock chart comes straight from the seventh circle of investor hell. That's just not the way things are supposed to work. While it's always easy to second guess the decisions, actions and motives of others, it's all speculation if you weren't sitting in the room with full knowledge of the facts and circumstances.
    May 2, 2015. 05:59 PM | 8 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    I think the biggest challenge at this point would be proving compensable damages. If somebody infringes a patent but does not profit from their infringement, then there's no significant monetary damage to the patent owner.

    I've seen nothing that suggests East Penn is making a fortune from Ultrabattery sales. They've done a couple projects funded by OPM but I haven't seen evidence that they've made any money, much less tons of money.

    When Apple and Samsung went to war over patents, they were fighting over easily demonstrable profits earned. I don't see that dynamic in a potential fight between Axion and East Penn. Until somebody starts making tons of money there's simply nothing worth fighting over.

    Paying patent litigation costs is very unfulfilling unless (1) you have a high probability of winning the lawsuit AND (2) there's a big enough pile of compensable damages to justify the risk and expense of litigation.
    May 2, 2015. 09:59 AM | 3 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    I didn't know Tom before I got involved with Axion, but I worked at his side as Axion's legal counsel from late 2003 through early 2008. Axion was not my only client during those years, but it was my biggest client and it absorbed a substantial majority of my time.

    Those were hard years for Axion and my relationship with Tom was all business. I can't claim that we have a deep and abiding personal friendship, but I watched Tom work his way through very challenging situations and those experiences left me convinced that he is a master negotiator.

    I never detected any ethical or moral lapses that put our lawyer-client relationship in jeopardy. If I had, I would have quit and sold my entire position.

    Tom was absolutely the right horse during my tenure with Axion. I can't speak to developments after early 2008 because I wasn't involved and I don't have full knowledge of the facts and circumstances.
    May 2, 2015. 06:56 AM | 9 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    A couple years ago I said "If I was a younger man I'd love to spend a year carrying Tom Granville's briefcase to learn the art of negotiation from a master at the craft."

    Nothing more, nothing less.

    That statement is still true.
    May 1, 2015. 02:19 PM | 1 Like Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    It's an apples to oranges comparison Edmund. Tesla wants to sell renewable time-shift which is the most uneconomical use of batteries imaginable. The pitch is "store your valuable solar power during the day so that you don't have to buy cheaper utility power at night. That way you can declare independence from that nasty old utility, except of course for the occasional wet week."

    I'm sure Musk can sell it, particularly if he can keep getting California SGIP money at the rate of $3,000 per kWh, but that won't change the fundamental wasteful truth.
    May 1, 2015. 01:56 PM | 5 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    Lux research reported today that the headline price does not include power electronics or installation, so the all in cost will be at least double.
    May 1, 2015. 01:04 PM | 4 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    I have never heard so much as a hint that Axion is deliberately doping its carbon with lead. As I recall the lead references in the C&T patents were added because some lead in the porous carbon electrode is unavoidable as soon as you build a cell with a lead-based positive, a pure but porous carbon negative and add electrolyte.

    I don't know what the differences were between our first and second set of batteries. All I know is that the second set performed batter and that made Jay happy.
    May 1, 2015. 10:58 AM | 5 Likes Like |Link to Comment
  • Axion Power Concentrator 397: Apr. 30, 2015 [View instapost]
    I got a press release from Lux Research this morning that said:

    "• At $350/kWh, Tesla is the industry’s current price leader for stationary Li-ion packs, thanks to its partnership with Panasonic and its upcoming Gigafactory. However, consumers will also need to pay for an inverter, installation, and other costs, which altogether will nearly double the $3,000 price of Tesla’s entry-level Powerwall unit. Tesla will need to push their power electronics and installation partners to cut their costs further – or do that itself, either in-house or via acquisitions."
    May 1, 2015. 10:13 AM | 6 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    The Clean Cities Coalition wanted to allocate some Federal grant money to a potential customer. Under the law establishing the grant program, the CCC had to make sure that our drivetrain met all EPA requirements. They did so.

    The EPA confirmed to the Clean Cities Coalition that their certification and validation requirements ONLY apply to engines, ECMs and emissions control hardware. As long as those components are not changed, altered or reprogrammed, an EPA certified engine remains EPA certified and no further certification or validation is required when one simply changes the components that are attached to the engine.

    When the EPA has the authority to regulate an engine manufacturer reams of data are required and review processes are lengthy, costly and public.

    When the EPA concludes that it does not have the authority to regulate the components attached to an EPA certified engine no further action is required.

    We had to double-check our understanding of the law – i.e. that we could piggy back Cummins EPA certification. We got the preliminary confirmation before Jay's letter and the final confirmation after Jay's letter.

    This is a non-issue and I'm tired of discussing it.
    Apr 30, 2015. 07:18 AM | 8 Likes Like |Link to Comment
  • Axion Power Concentrator 396: Apr. 16, 2015 [View instapost]
    Unfortunately many of the tough questions we might like to ask involve issues where stockholders have no right to know and direct answers could be viewed as a breach of fiduciary duty to the corporation. This is a very thorny area of corporate law with lots of land mines.

    I've been able to speak pretty freely for several years because I never went beyond publicly available information and my personal experiences after I left Axion's employ. Bob is in a much more delicate position and we need to respect that.
    Apr 29, 2015. 02:19 PM | 7 Likes Like |Link to Comment
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