Patent Litigation Central

If your just coming up to speed, here is a running update on the patent litigation story.  Over the last seven months and more - GreenShift has gotten the word out about their patents being approved and their new license offer for the Industry - to use their patented Corn Oil Technology.  GreenShift gave fair warning and then only reluctantly began litigation - first with the parts suppliers - then with three initial Ethanol Plants.  GreenShift then promised this to shareholders in their recent Annual Report:

"The Company intends to file additional lawsuits involving any and all infringing use of the Company’s patents. The Company’s position is that any infringing ethanol producer is liable for a minimum of reasonable royalties for any infringing use of the Company’s patented technologies beginning on the publication date of the ‘858 Patent. The Company intends to seek additional relief for instances of intentional infringement."p.54

Here is an excerpt from a recent Press Release:

“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."

On Monday May 3rd, the company filed their huge second wave of Ethanol Plant litigation.  With estimates of as many as 40 plants infringing on the GreenShift patents - we may see more waves to follow.  Everyone would be happier if more plants would accept the GreenShift License - and move to a win/win situation.  Here is a summary/links below:   
 
Indiana Northern District Court
1. Iroquois Bio-Energy Company LLC 40mmgy 
North Dakota District Court
2. Blue Flint Ethanol LLC 50mmgy 
Illinois Northern District Court
3. Amaizing Energy Atlantic, LLC 55mmgy (Complaint)
4. Lincolnway Energy, LLC +50mmgy 
Minnesota District Court.
5. Bushmills Ethanol, Inc. 49mmgy 
6. Al-Corn Clean Fuel 46.5mmgy 
7. Chippewa Valley Ethanol Company, LLLP 46mmgy 
8. Heartland Corn Products 95mmgy 
Illinois Northern District Court
9. Center Ethanol, LLC 54mmgy 
10. Lincolnland Agri-Energy, LLC 48mmgy 
Wisconsin Western District Court
11. United Wisconsin Grain Producers, LLC 53.2 - 60mmgy 
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In addition, three other Plants were already under litigation:
Southern District of New York
12. Ace Ethanol, LLC 43mmgy
13. Cardinal Ethanol (100mmgy)
14. Big River Resources (92mmgy)
15. Big River Galva (100mmgy)

Total estimate of 15 plants with of 905 - 928.5mmgy ethanol production under litigation for infringement of the GreenShift Corn Oil Extraction patents.  Range varies due to difference in some faceplate capacity and claimed rate of production.


More detailed information is in previous blogs - but I thought I needed to list things up to date so we can keep track. 


SkunK