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Tuesday, May 05, 2020 8:14:35 PM
Defendant PEIX Owes GERS Millions In Delinquent Corn Oil Extraction Royalties.
On February 21, 2020, the USPTO issued a notice of allowance on our twelfth corn oil extraction patent. It did so after taking pains to evaluate the same District Court rulings and underlying evidence that were just reviewed by the Federal Circuit, along with facts that we never had a chance to present to a jury. In allowing this new patent, the USPTO concluded that the information the District Court determined to have been "withheld" from the USPTO was immaterial to patentability, and that our patents-in-suit should have been held valid and enforceable.
The USPTO subsequently disagreed that deception of any kind occurred when, on February 21, 2020, it issued another patent to us after reviewing the very evidence that was allegedly "withheld," along with everything the defendants ever submitted and claimed, as well as the District Court's 2014 and 2016 rulings – all in light of the facts that were never presented to a jury. Significantly, the new patent was allowed by the same examiner that the District Court said was deceived. In other words, the same patent examiner that was allegedly deceived looked at the purported evidence and claims of deception, and disagreed that she had ever been deceived. Thus, in issuing that patent, the examiner concluded that the inventive process was not "ready for patenting" in July 2003, that an invalidating "offer for sale" did not occur in July 2003, and that the "ready for patenting" and "offer for sale" information that the District Court determined to have been "deliberately withheld" from the USPTO was immaterial to patentability. We see that result as nothing short of total vindication, and proof that our patents-in-suit should have been held valid and enforceable.
https://www.prnewswire.com/news-releases/greenshift-provides-update-301053426.html
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