The fact that it appears very likely that some form of settlement will emerge from the mediation discussions begs a much larger question. How are C&C/KK going to address the REAL PRIZE -- all the other infringing companies? According to GERS' web site: GreenShift’s first corn oil extraction patent issued in October 2009, and was subsequently followed up with numerous additional patents. Today, GreenShift’s portfolio of corn oil extraction processes is widely considered to be the quickest path for margin improvement for corn ethanol producers. GreenShift’s patented process is installed at over 80% of the corn-based, dry mill ethanol facilities in the United States, producing roughly 1.8 billion pounds and over $700 million in annual revenue. The vast majority of this $700 million is the product of what appears to be infringing piracy other than that of the current defendants. Among these are many deep-pocketed companies such as Valero. http://ethanolproducer.com/articles/8173/valero-to-invest-in-corn-oil-extraction-at-ethanol-plants
It seems unreasonable that C&C/KK would not play out their apparently winning hand with the Federal Circuit over the next year and obtain the absolute closure that gaining that Court's validation of their IP would provide, UNLESS some inroads to the REAL PRIZE was also in the offing.
Is that why the announcement of what is apparently fact (a settlement agreement) is taking so long to develop? If so, that would be a very loud press release covering both a settlement with the defendants and other infringing companies as well!
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