27. On information and belief, as part of at least the start-up of any infringing corn oil extraction system installed by ICM, one or more Flottweg representatives is on site at such ethanol manufacturer's facility for purposes of and with the intent to instruct each ethanol manufacturer on how to perform one or more steps of the claims of the ‘858 and ‘516 patents.
Two good stories told here. The SkunK calls them: "A salesman went to a convention . . ." AND "Thou shall not covet thy neighbor's
31. In February of 2008, the same representative from Flottweg who previously contacted GreenShift in the fall of 2006, approached the same representative of GreenShift at a biodiesel trade show. The representative from Flottweg again offered to sell Flottweg's centrifuges to GreenShift or GreenShift ethanol production customers for purposes of using such centrifuges to recover corn oil from the byproducts produced during the manufacture of ethanol from corn. During the conversation, when asked by the GreenShift representative, the Flottweg representative stated that Flottweg was well aware of GS CleanTech's then pending patent applications directed to recovering corn oil from the byproducts produced during the manufacture of ethanol from corn.
32. On November 27, 2006, nine months following the publication of the '859 application, which occurred on February 23, 2006, Flottweg filed a patent application entitled “Method of and Device For Increasing the Yield of Oil Production In a Process of Producing Bio-Ethanol" bearing serial number 11/604,435 (the '"435 application").
33. The claims of the published '435 application reveal that, shortly after the publication of GS CleanTech’s '859 application (which disclosed GS CleanTech’s invention directed to methods for recovering corn oil from the byproducts produced during the manufacture of ethanol from corn), Flottweg attempted to claim that it invented a device and method for recovering corn oil from the byproducts produced during the manufacture of ethanol from corn.
34. In an Office Action dated November 25, 2009 in connection with the ‘435 application, the examiner at the United Stated Patent and Trademark Office ("USPTO") rejected all of Flottweg’s then pending claims, in part, under 35 U.S.C. § 103 as being unpatentable over a United States published patent application 2008/0110577 to David Winsness ("GS CleanTech Prior Art").
35. David Winsness is not only the Chief Technology Officer for GS CleanTech but is also an inventor of the ‘858 and ‘516 patents.
36. In an Amendment filed on February 25, 2010, in response to the November 25, 2009 Office Action, Flottweg amended its proposed claims in an attempt to distinguish its claims over the GS CleanTech Prior Art.
37. In an Office Action dated June 10, 2010, the examiner at the USPTO again rejected all of Flottweg’s pending claims, in part, under 35 U.S.C. § 103 as being unpatentable over the GS CleanTech Prior Art in view of Herman et al. (US Patent 5,795,477).
38. The GS CleanTech Prior Art incorporates the disclosure of the '859 application into the GS CleanTech Prior Art by reference.
39. Flottweg advertises in Ethanol Producer Magazine, which is a publication published monthly that provides information to ethanol industry professionals worldwide, that Flottweg's centrifuges can, in connection with bioethanol production, be used for corn oil separation.
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