Thursday, October 15, 2009

8-K

PATENT AWARD
On October 13, 2009, the U.S. Patent and Trademark Office issued U.S. Patent No. 7,601,858, titled "Method of Processing Ethanol Byproducts and Related Subsystems" (the '858 Patent") for the extraction of corn oil to GS CleanTech Corporation, a wholly-owned subsidiary of GreenShift Corporation.

INFRINGEMENT ACTION
On October 13, 2009, GS CleanTech Corporation filed a legal action on October 13, 2009 in the United States District Court (Southern District of New York) captioned GS CleanTech Corporation v. GEA Westfalia Separator, Inc.; and DOES 1-20, alleging infringement of the `858 Patent.

On October 13, 2009, GreenShift filed a Motion to Dismiss with the same court relative to a separate complaint filed previously by Westfalia alleging (1) false advertising in violation of the Lanham Act ss. 43(a); (2) deceptive trade practices and false advertising in violation of New York General Business Law ss.ss. 349, 350 and 350-a; and (3) common law unfair competition.
Westfalia site: http://www.wsus.com/

On October 13, 2009, Westfalia filed its First Amended Complaint in the matter captioned GEA Westfalia Separator, Inc. and Ace Ethanol, LLC v. GreenShift Corporation, which compliant included Ace Ethanol, an ethanol production company, and added claims seeking a declaratory judgment of invalidity and/or non-infringement.
ACE Ethanol, LLC site: http://www.aceethanol.com/index.cfm

On October 13, 2009, ICM, Inc. filed a complaint in the United States District Court (Kansas District) in the matter captioned ICM, Inc. v. GS CleanTech Corporation and GreenShift Corporation, alleging unfair competition, interference with existing and prospective business and contractual relationships, and deceptive trade practices. ICM is also seeking declaratory judgment of invalidity and non-infringement of the `858 patent.
ICM site: http://www.icminc.com/

http://biz.yahoo.com/e/091014/gers.ob8-k.html

SkunK

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