GreenShift Provides Litigation Update; Infringement Not Denied by Cardinal and ICM On Friday April 23, 2010, 10:17 am
NEW YORK--(BUSINESS WIRE)--GreenShift Corporation (OTC Bulletin Board: GERS - News) today provided the
following update regarding infringement of GreenShift’s patented
technologies for recovering corn oil and improving the energy efficiency
and profitability of corn ethanol plants:
Infringement Was Not Denied
In its most recent pleading, prepared and filed by ICM on Cardinal
Ethanol’s behalf, Cardinal doesn’t deny that its ICM-designed corn oil
extraction system is infringing GreenShift’s patent claims.
ICM’s Claims Were Rejected
Cardinal and ICM appear to rely solely on the hope that the court will
invalidate GreenShift’s patents based entirely on information considered
and rejected by the U.S. Patent and Trademark Office (the “PTO”) prior
to the issuance of GreenShift’s patents. GreenShift believes that this
argument is especially weak and that it must fail. Cardinal and ICM
argue that GreenShift’s inventions were obvious and unpatentable. That
is simply not the case. ICM previously raised the information that it
believed invalidated GreenShift’s invention and failed – the PTO
considered and rejected the materials raised by ICM prior to the
issuance of GreenShift’s first two patents in October 2009. Any producer
that relies upon ICM’s continued claims of invalidity does so at its own
peril.
Royalties Are Accruing
GreenShift has a statutory right to reasonable royalties for every pound
of corn oil extracted with GreenShift’s technologies beginning as early
as February 23, 2006, the publication date of GreenShift’s first patent.
Do Your Due Diligence
Beware of offers of indemnification for infringing use of GreenShift’s
technologies in connection with the sale of equipment for corn oil
extraction. Any judgment that GreenShift obtains for infringement will
be enforceable against the ethanol producer violating GreenShift’s
patents. Ethanol producers are cautioned to fully investigate the facts
and applicable patent laws as they relate to the viability of any
indemnity, particularly under circumstances where the indemnitor’s
exposure is multiplied by the number of indemnified producers and the
ongoing infringement of each.
“We are disappointed that litigation is necessary, particularly given
the strength of our patents, but we must and will take action to defend
against all infringing use of our technologies,” said David Winsness,
GreenShift’s Chief Technology Officer. “There can be no disputing the
fact that corn oil extraction technology adds tremendous value to the
industry – much more so than any other added technology in the history
of the industry. And, there can be no argument that GreenShift invented
and brought corn oil extraction technology to the industry. Just as an
ethanol producer or farmer invests many millions and years of hard work
into a facility or farm, we have invested many millions and years of
hard work into our patents; and, just as an ethanol producer expects
payment for its ethanol or a farmer expects payment for his or her corn,
we expect reasonable payment for all use of our technologies.”
Winsness concluded: “We would rather exclusively commit our focus and
resources to facilitating additional value creation for the industry by
supporting new use of our technologies and by providing existing
producers with win-win technical and yield enhancement services. EBITDA
is in short supply and risks are high. By enhancing profitability, our
patented technologies can provide ethanol producers with a safe harbor
in stormy commodity weather and a significant cost advantage. We intend
to continue to build on our hard work, ingenuity and invested capital to
deliver these advantages to as many producers as possible, as quickly as
possible.”
GreenShift’s and Cardinal’s briefs and arguments are available online at www.greenshift.com.
About GreenShift Corporation
GreenShift Corporation (OTC Bulletin Board: GERS - News) develops and
commercializes clean technologies designed to address the financial and
environmental needs of its clients by decreasing raw material needs,
facilitating co-product reuse, and reducing the generation of wastes and
emissions.
GreenShift’s mission is to build shareholder value by using its
technologies to catalyze disruptive environmental gain. GreenShift
believes that the first, best and most cost-effective way to achieve
this is to develop technology-driven economic incentives that motivate
large populations of people and companies to make incremental
environmental contributions that are collectively very significant. With
adoption by most of the U.S. ethanol industry, GreenShift’s commercially
available technologies can give way to disruptive gains by enabling
sustainably increased production of globally-meaningful quantities of
renewable fuels for distribution through existing supply chains.
GreenShift also maintains its strong commitment to continued innovation
and has many additional patents pending for its Backend Fractionation™
portfolio of strategically compatible cleantech designed to continue
driving the corn ethanol industry into increased sustainability and
global competitiveness.
Additional information on GreenShift and its technologies is available
online at www.greenshift.com.
Safe Harbor Statement
This press release contains statements that may constitute
"forward-looking statements" within the meaning of the Securities Act of
1933 and the Securities Exchange Act of 1934, as amended by the Private
Securities Litigation Reform Act of 1995. Those statements include
statements regarding the intent, belief or current expectations of
GreenShift Corporation and members of its management as well as the
assumptions on which such statements are based. Prospective investors
are cautioned that any such forward-looking statements are not
guarantees of future performance and involve risks and uncertainties,
and that actual results may differ materially from those contemplated by
such forward-looking statements. Important factors currently known to
management that could cause actual results to differ materially from
those in forward-statements include fluctuation of operating results,
the ability to compete successfully, and the ability to complete
before-mentioned transactions. The company undertakes no obligation to
update or revise forward-looking statements to reflect changed
assumptions, the occurrence of unanticipated events or changes to future
operating results.
Contact:
GreenShift Corporation
Phone: 212-994-5374
Fax: 646-572-6336
Email: investorrelations@greenshift.com
Web: www.greenshift.com
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