Major Ruling in Litigation over Greenshift’s Corn Oil Extraction Patents
February 01 2013 - 11:57AM
Business Wire
GreenShift Corporation (OTCQB: GERS) today announced the
issuance of a significant ruling in its ongoing prosecution of
ethanol producers and other entities for infringement of
GreenShift’s patented corn oil extraction processes, including U.S.
Patent Nos. 7,601,858, 8,008,516, 8,008,517, and 8,283,484.
GreenShift believes that the ruling dramatically strengthens its
case for infringement against any person or entity recovering or
facilitating the recovery of corn oil from the concentrated thin
stillage by-product of ethanol producers.
All of the following defendants in GreenShift’s current
litigation argued that GreenShift’s patents are limited to the
recovery of at least 95% of the oil present in the concentrated
thin stillage feed stream, and that they are consequently not
infringing on GreenShift’s patents because they are recovering less
than 95% of the oil present in their concentrated thin stillage
feed streams: (1) Ace Ethanol; (2) Al-Corn Clean Fuel; (3) Blue
Flint Ethanol; (4) Bushmills Ethanol; (5) Chippewa Valley Ethanol;
(6) Heartland Corn Products; (7) Lincolnway Energy; (8) United
Wisconsin Grain Producers; (9) Iroquois Bio-Energy Company; (10)
Cardinal Ethanol; (11) ICM; (12) Big River Resources West
Burlington; (13) Adkins Energy; (14) Big River Resources Galva;
(15) Lincolnland Agri-Energy and (16) David Vander Griend.
The Court disagreed with the defendants’ arguments, and issued a
Supplemental Claim Construction Order clarifying that the patents
do not require recovery of any particular percentage of oil present
in the syrup feed stream.
Significantly, the Court ruled that most of GreenShift’s patent
claims cover mechanical processing to recover a product that is
largely or mostly oil, and that they are not limited by the amount
of oil that is not recovered from the concentrated thin stillage
stream.
“We are very pleased with the Court’s ruling,” said David
Winsness, GreenShift’s Chief Technology Officer and co-inventor of
its patented corn oil extraction technologies. “We have looked at
the so-called advanced oil, oil plus, COSS and such other attempts
to work around our patents. We are highly confident, and even more
so with this latest ruling, that all such attempts plainly infringe
our patents.”
Winsness continued: “Ethanol managers, board members, owners,
lenders and other stakeholders that have adopted ‘wait-and-see’
infringement strategies are encouraged to pay careful attention to
these events. Licensed producers receive a significant competitive
advantage that we have pledged to vigorously defend. We will
continue to do so and now look forward to expanding our efforts in
the coming months.”
A copy of the Court’s January 29, 2013 ruling is available
online at www.greenshift.com.
GreenShift’s technical services staff are available at
888-ETHANOIL or sales@greenshift.com to respond to quotation
requests and to answer any questions about GreenShift’s corn oil
extraction and other technologies.
About GreenShift Corporation
GreenShift Corporation develops and commercializes clean
technologies designed to address the financial and environmental
needs of GreenShift’s clients by decreasing raw material needs,
facilitating co-product reuse, and reducing the generation of
wastes and emissions. Additional information on GreenShift and its
technologies is available online at www.greenshift.com.
Safe Harbor Statement
This press release contains statements that may constitute
"forward-looking statements" within the meaning of the Securities
Act of 1933 and the Securities Exchange Act of 1934, as amended by
the Private Securities Litigation Reform Act of 1995. Those
statements include statements regarding the intent, belief or
current expectations of GreenShift Corporation and members of its
management as well as the assumptions on which such statements are
based. Prospective investors are cautioned that any such
forward-looking statements are not guarantees of future performance
and involve risks and uncertainties, and that actual results may
differ materially from those contemplated by such forward-looking
statements. Important factors currently known to management that
could cause actual results to differ materially from those in
forward-statements include fluctuation of operating results, the
ability to compete successfully, and the ability to complete
before-mentioned transactions. The company undertakes no obligation
to update or revise forward-looking statements to reflect changed
assumptions, the occurrence of unanticipated events or changes to
future operating results.
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