Friday, August 9, 2013


We have an order in the Western NY Case.  You can see no underline on the "10".  That means no document - yet. 

Will check again later . . .



Slashnuts said...


GS Cleantech Corp. v. Western New York Energy, LLC

GS Cleantech recently filed another lawsuit, this one against Western New York Energy in the U.S. District Court for the Western District of New York on July 12, 2013.

The asserted patents are U.S. Patent Nos. 7,601,858, 8,008,516, and 8,283,484, each entitled “Method of processing ethanol byproducts and related subsystems,” and U.S. Patent No. 8,008,517, entitled “Method of recovering oil from thin stillage.” The patents relate to methods of recovering oil from byproducts of ethanol production using the process of dry milling, which creates a waste stream comprised of byproducts called whole stillage.

According to the complaint, Western New York uses infringing processes performed by ethanol production plants purchased from a plant designer called ICM. ICM was involved in prior litigation with GS.

GS has been on an aggressive patent enforcement campaign over the last several years. The multiple cases were consolidated in the Southern District of Indiana, where the asserted patents were construed and re-construed.

Slashnuts said...

[b]Trend Forming as Thirst For Oil Grows[/b]

In what looks to be a growing trend in the industry, ethanol producers thirst for oil is growing.

ANDE, GERS' 2nd largest customer with a capacity of 350 MGY pushed extraction levels to the pedal in Q213.

ANDE Extracted a record setting .88 pounds of oil per bushel nearly maxing out GERS' method I capabilities of .9 pounds.

ANDE joins BIOF and United Ethanol in the "maxed out" category with all three recently breaking the .9 zone.

ANDE manages a 110 MGY plant partly owned by MPC.
MPC and SXL are GreenShift's two "big oil" licensee's.

GERS' #1 largest customer, GPRE appears to be headed in the same direction. In their Q2 CC GPRE stated oil yields are up "over .7 pounds"...

"And then I’d also add to that in addition to this the ethanol yields enhancements, we do continue to see and watch the corn oil on enhancements in terms of yields as well, which is why you’ve seen roughly an improving upward trend line in our corn oil yields at our platform as well."

"Yeah, our latest increase to yield last month took us over 0.7 pounds per bushel of corn, so we’ll see if that’s something that is sustainable over time."

The question begs, how long will it be before method II is the new norm? With several producers nearly maxing out method I, my guess is sooner rather than later.

This points to another downfall of infringing. Not only are infringers already extracting well below licensed producers, 1.5 pounds of oil threatens to leave them at a major technological and economical disadvantage.

Upgrading to method II wet cake extraction appears the new focus as producers have graduated from the Gold standard set by GreenShift.

Method I - syrup extraction up to .9 pounds
Method II - wet cake extraction up to 1.5 pounds

Good Luck To All!$!$!$!$!$!$

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