Greenshift Corporation (GERS)

[mitoo]

looks to me like icm is the mischaracterizer:

"Anyone may request ex parte reexamination,97 including a patentee who wishes to have her patent reevaluated and strengthened98 in light of newly discovered prior art [ ] [ ]."

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97 See 35 U.S.C. § 302 (2006).

98 See In re Etter, 756 F.2d 852, 857 n.4 (Fed. Cir. 1985) (en banc). Upon discovery of
pertinent reference not considered during the original examination, a patentee may wish to have
the PTO reexamine her patent to ensure that a future defendant asserting invalidity will not be
able to relax the clear and convincing standard for establishing factual predicates of invalidity.

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pasted from the cardozo law review

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interesting icm did not, at least from what i can see, state what its bomshell is??? if they had such a claim i would think they would have spit it out there for the press, given the hooplaa. just my guess.