Replies to post #50003 on Greenshift Corporation (GERS)

[Sirjohns]

There is no patent... until the ruling is overturned it’s just a pretty piece of paper. There is no value to it, no reason to market it because there is no legal recourse to collect on it’s benefits. That is exactly where ATIS stands today. They bought 80% of this portfolio, valued it at millions, and then realized ewww we can report value to assets that lack enforceability, they have no value. Ewww we told our shareholders they had value, and knew about the litigation from the start. Now if we tell them just kidding we are responsible all loses any investor took from the date of the filing. I sincerely pray this lands at the feet of the original attorney, because there are protections to clients for these types erroneous procedural issues. From the hearing today I highly doubt it and now it very well may be the end of 2 companies.

[Harry Winston]

I wonder, can a person/company own and have a patent but not be able to 'market' it while others use it without payment?

I can give you a partial answer to that question, but I have to mention one very technical aspect of patent law. After a patent is issued, the original inventor or someone else can apply for another patent that improves the original one. The world record for the most number of patents that were ever issued to an individual human being is the more than 200 patents that were issued to Thomas Edison. Many of his patents were issued for improvements on patents that had already been issued to him.

With regard to your specific question, some people who are unaware of this technical fact will see one company being issued a patent and then another company apparently "using it without a payment". If the second company has been issued their own patent on an improvement to the first patent, then United States law has not been broken.