Greenshift Corporation (GERS)

[Joe1979]

This Patent's as real as it gets! Perhaps the judge decided after reading how ICM actually went about infringing on GERS, he didn't need to prolong the inevitable. Facts are facts!

http://finance.yahoo.com/news/GreenShift-Receives-New-Corn-bw-1155097265.html?x=0&.v=1

ALPHARETTA, Ga.--(BUSINESS WIRE)-- GreenShift Corporation (OTCQB: GERS) today announced that the U.S. Patent and Trademark Office (“USPTO”) has issued a notice of allowance for patent application number 11/241,231, titled “Method of Processing Ethanol Byproducts and Related Subsystems” (the “’231 Patent Application”).

Allowance Granted After Review by USPTO of All Alleged Prior Art and Arguments

To further strengthen its legal position, GreenShift requested that the USPTO withdraw an earlier notice of allowance for the ‘231 Patent Application in order to allow the USPTO to further examine the ‘231 Patent Application in light of all of the alleged prior art materials and invalidity arguments submitted by all of the defendants in GreenShift's current patent infringement litigation, including those materials and arguments submitted in the litigation by ICM, Flottwegg, Westfalia, Cardinal Ethanol and Big River Resources.

Significantly, the USPTO issued the new notice of allowance for the ‘231 Patent Application after reviewing all of the alleged prior art, arguments and other materials of all of the defendants, as well as additional materials submitted by GreenShift.

GreenShift believes that the allowance of the '231 Patent Application by the USPTO in spite of everything raised by each and every defendant significantly increases the strength of GreenShift’s legal position and provides further substantial confirmation of the validity of GreenShift’s patents.

Impact of New Patent Allowance

Presumed Valid

The U.S. Patent Act provides that a “patent shall be presumed valid.”

Defendant’s Burden

Alleged infringers have the burden of establishing invalidity. In June 2011, the U.S. Supreme Court unanimously reaffirmed the long-standing principal
of U.S. patent law that an alleged infringer can only overcome the presumption of validity by demonstrating invalidity with “clear and convincing
evidence.”


The USPTO has considered all of the defendants’ alleged prior art materials and invalidity arguments and, by allowing the ‘231 Patent Application, the
USPTO has determined that the defendants’ materials and arguments are insufficient to establish invalidity.

Damages are Accruing

GreenShift is entitled to, at a minimum, reasonable royalties for all historical recovery of corn oil. Those that have infringed or plan to infringe on
GreenShift’s patents are creating ever-increasing risk for their investors and employees.

Obvious Consequences

GreenShift will vigorously protect the competitive advantage of its licensees, and will seek the maximum allowable damages against those that infringe
and any party that contributes to infringement, including treble damages for willful infringement.

Personal Liability

GreenShift will also pursue appropriate claims of personal liability for those decision makers that induce the direct infringement of GreenShift's patents.

Do Your Due Diligence

GreenShift now has four patents issued and allowed with many more pending that broadly cover concentration and recovery of corn oil from whole stillage
and/or its derivatives.

GreenShift’s technical services staff are available at 888-ETHANOIL or [e-mail] to respond to quotation requests and to answer any questions about GreenShift’s corn oil extraction and other technologies.

About the USPTO

The United States Patent and Trademark Office is the Federal agency for granting U.S. patents. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the Executive branch "promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries." Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents underscores the ingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the Nation's technological progress and achievement.

About GreenShift Corporation

GreenShift Corporation (OTCQB: GERS) develops and commercializes clean technologies that facilitate the more efficient use of natural resources. GreenShift is focused on doing so today in the U.S. ethanol industry, where GreenShift innovates and offers technologies that improve the profitability of licensed ethanol producers. Additional information on GreenShift and its technologies is available online at www.greenshift.com.