Greenshift Corporation (GERS)

[nobody12378]

I am not an attorney and I have not had an opportunity to run this past several IP attorneys that I consult. Perhaps others can be more illuminating -- the issue is the offer to sell the service before the patent is officially issued. Apparently this consideration rests greatly on when certain letters were signed and delivered. If as the defense contends this has occurred they may have significantly strengthened their claim of invalidity. For example see this discussion:

http://www.patentlyo.com/patent/2013/08/suppliers-offer-to-make-product-invalidates-patent-under-the-on-sale-bar.html