They say about that patent "The Advanced Oil System design and method falls outside of all patent claims of GreenShift Corporation’s patent"
So there probably isn't also a reason for them to sue GERS for that.
ICM never claimed that the technology used by them wasn't infringing GERS patent, but they just said GERS's patents where unenforceable. That's what their case is build upon.
So I guess that they do not need to turn over their patent to GERS if they loose, because they don't have a patent based on that technology. They just used the patented technology without a license.