Alto Ingredients Inc (ALTO)

[Slashnuts]

PEIX's Oil Extraction Clearly Infringes GERS' Method Patents

Here's links to the oil system PEIX installed, the Advanced Oil system from ICM.

farmprogress.com/story-icm-contracts-supply-technology-pacific-ethanol-9-61017

Open both these links and compare the AOS and Tricanter diagrams side by side. The diagrams are the same. The Tricanter extracts oil, just like it always has, and feeds it to the AOS.

AOS diagram towards the bottom...
http://www.icminc.com/products/advanced-oil-separation-system.html

Tricanter diagram towards the bottom...
http://www.icminc.com/images/pdfs/product_sheet/tricanter_oil_separation_system_lores.pdf

The AOS needs the Tricanter to feed it and the Tricanter violates GERS' patents. The AOS comes after the GERS method.

Remember ICM stated, "ICM continues to believe that under a proper interpretation of the patents' claims, the Tricanter® Oil Separation System does not infringe GreenShift's patents."

The claims have been interpreted. Nobody in their right mind thinks the court's interpretation is what ICM "believed" to be "a proper interpretation".

https://docs.google.com/file/d/0B_ch8gAs4lCceTc3QjNFbGRmMHc/edit?pli=1

The AOS is infringing as it uses the Tricanter to extract oil from the concentrated syrup. Comparing the diagrams, they changed the "corn oil" stream to "emulsion concentrate". That's not fooling anyone. It's the same thing, mostly/largely oil with rest being water and solubles. Just like the Tricanter diagram said it is, "corn oil". The court has ruled this stream needs to be mostly/largely oil. To me this means more than half or >50% oil. As you can see in the AOS' diagram, the 50ml tube has way more than >50% oil. It looks to be around 75%. That's why they tried to add limit's claiming extraction needed to be 95%.

The court ruled term "concentrated stillage" to mean "syrup containing water, oil, and solids". As you can see, the Tricanter's input is the syrup feed and the AOS' very own diagram refers to this stream as "a mixture of water, oil, solubles".

Notice how they changed the name of the "de-oiled syrup" to "aqueous phase plus solids". The court ruled this is a mostly oil free stream which I believe means <50% oil. Clearly covered by GERS' patents.

"ICM's system separates corn oil from the post-fermentation syrup stream as it leaves the evaporators."

The AOS "treatment occurs post mechanical separation".

ICM was:
Wrong abount COES not being patentable,
Wrong about the "prior art",
Wrong about the "sale bar",
Wrong about the " 95% ",
Wrong about the interpretation of the claims,
Wrong about the Tricanter not infringing,
Wrong about AOS not infringing,
They Failed to get the trial on their home turf,
They Failed to get their leader off the hook...
Their Paid Bashers Failed...

Their own website confirms the streams, what's in them, where they are... It's all spelled out in the patents and the court/USPTO agree.

ICM's AOS Clearly Infringes GERS' Method Patents

http://greenshift-gers.blogspot.com



“We have looked at the so-called advanced oil, oil plus, COSS and such other attempts to work around our patents. We are highly confident, and even more so with this latest ruling, that all such attempts plainly infringe our patents.”

Advanced Oil: A system by ICM here. Also note the Tricanter System is no longer the lead by the ICM sales team - however it is still available in a PDF file on the bottom of this page. Yes, the Advance Oil system is patented on paper, but that does not mean the systems in the field do not infringe the family of GreenShift patents.
greenshift-gers.blogspot.com
The Court disagreed with the defendants’ arguments, and issued a Supplemental Claim Construction Order clarifying that the patents do not require recovery of any particular percentage of oil present in the syrup feed stream.


Significantly, the Court ruled that most of GreenShift’s patent claims cover mechanical processing to recover a product that is largely or mostly oil, and that they are not limited by the amount of oil that is not recovered from the concentrated thin stillage stream.


“We are very pleased with the Court’s ruling,” said David Winsness, GreenShift’s Chief Technology Officer and co-inventor of its patented corn oil extraction technologies. “We have looked at the so-called advanced oil, oil plus, COSS and such other attempts to work around our patents. We are highly confident, and even more so with this latest ruling, that all such attempts plainly infringe our patents.”


Winsness continued: “Ethanol managers, board members, owners, lenders and other stakeholders that have adopted ‘wait-and-see’ infringement strategies are encouraged to pay careful attention to these events. Licensed producers receive a significant competitive advantage that we have pledged to vigorously defend. We will continue to do so and now look forward to expanding our efforts in the coming months.”

http://www.streetinsider.com/Press+Releases/Major+Ruling+in+Litigation+over+Greenshift%E2%80%99s+Corn+Oil+Extraction+Patents/8051473.html

Good Luck To All!$!$!$!$!$