You're mistaken. The lawsuit GERS' filed against patent infringing PEIX specifically mentions the Stockton, CA plant. This plant is infringing with Edeniq's equipment, not ICM's. The Edeniq system is the same equipment that ANDE settled the lawsuit with when they purchased Amaizing Energy. Both Edeniq and ICM's equipment extract a product that's mostly oil from syrup, patented by GERS.
Although it mentions PEIX may be infringing at other plants, Stockton is infringing now. ICM may have over-extended their "promise". In the past, they've completed these projects quickly, averaging 2-3 months. Majic Valley has been delayed for 10 months and will not be completed until Q3. Either the layoffs have hindered ICM's ability to complete projects on time, or the revised Markman ruling has softned their "we don't care" attitude.
As I've explained before, ICM led PEIX to believe that "under a proper interpretation of GERS' patents, they don't infringe." This was BEFORE the judge ruled against ICM. PEIX inked the deal BEFORE the good judge ruled against ICM's idea of a proper interpretation that was dreamed up in Kansas.
The problem lies with PEIX as the equipment is in their plants. The act of infringement takes place when PEIX practices the patented methods on their property.
Now pay close attention, ICM does not own the pioneering patents for centrifuging oil from syrup. Their systems clearly infringe as they rely on GERS' patents in order to get the oil out. Oil extraction was not obvious to anyone in the field at the time. If it was, ICM would not have needed to reverse engineer the systems they bought when GERS revealed the methods under a non-disclosure agreement.
