Greenshift Corporation (GERS)

[nobody12378]

The court found that the subject patents were invalid and were not infringed by any of the defendants. In ruling the patents invalid, the court cited multiple grounds including: offering the invention for sale more than one year before filing for the patents; that the invention was already the subject of a patent application filed by another party; that the patents were obvious; and that CleanTech had failed to name the correct inventors. The court also found certain claims to be invalid as lacking an adequate written description and as not enabled.

“This is a significant victory for GEA and for the entire ethanol industry” said Michael Vick, president of GEA Mechanical Equipment US, Inc. “GEA and its co-defendants are committed to honoring any validly issued patent, but we have firmly believed all along that these patents are not valid, and the court agreed with us. We are happy that the industry can now get back to business and contribute to making America energy independent.”

The defendants’ claim that the patents were procured by fraud before the U.S. Patent and Trademark Office was still pending before the court. The defendants intend to pursue all available remedies on this claim.

Any one still think that all these bases for invalidity of the patents will be overturned by the Appellate Court?

The fraud claim is most damning for the current and former shareholders. The litigation could not have been prosecuted without their direct support and claims against them as unindicted contributors to this "fraud" could follow, as certainly GERS will not have the resources to pay such judgements.