GreenShift Applies for Patent, Sues 3 Ethanol Plants
GreenShift Corporation has simultaneously announced that it has filed for its third patent on its corn-oil extraction technologies while at the same time, commencing legal action against Big River Resources Galva, Big River Resources West Burlington and Cardinal Ethanol for infringing on GreenShift’s U.S. patent covering its corn oil extraction technology.
The complaint against Big River alleges that they infringed upon GreenShift’s U.S. Patent No. 7,601,858, titled “Method of Processing Ethanol Byproducts and Related Subsystems” (the “858 Patent”). The patent covers processes for recovering corn oil by evaporating and mechanically processing thin stillage, a precursor to the distillers grain co-product of corn ethanol production (“DGS”). Greenshift is claiming that Big River has caused a loss of income and irreparable harm.
Kevin Kreisler, chairman and CEO of GreenShift said in a company statement regarding the lawsuits, “There was no market for corn oil extraction from dry mill ethanol plants before we invented our now-patented technology in 2004. We estimate that more than about 20 percent of the ethanol industry has begun to use our technology without a license. While we are eager to earn the business of each last producer, we expect to have the opportunity to do so by helping each to realize additional value.”
Kreisler continued, “We innovated corn oil extraction technology, created the corn oil extraction market, and subsidized disruptive value creation for the U.S. corn ethanol industry; we have earned our patents and we deserve the full measure of the first mover competitive advantage. This, and any other, continued infringement is causing GreenShift irreparable and immediate harm and it must stop.”
However, ICM has come to the defense of Cardinal Ethanol, as the suit is against ICM equipment. ICM built the ethanol plant that went online in November of 2008.
“ICM will defend its customers as a companion matter to ICM’s own litigation against GS CleanTech and its affiliate, GreenShift Corporation, which we filed in Kansas in October 2009,” said Chris Mitchell, ICM’s vice president of marketing. “ICM believes that GS CleanTech’s alleged patent claims will be proved to be invalid. In the Kansas litigation, we have asserted that GS CleanTech/GreenShift misrepresented the liability of ICM’s customers for operating the ICM system, and that various actions of GS CleanTech/GreenShift constitute unfair competition and wrongful interference with ICM’s existing and prospective business and contractual relationships. Our customers continue to operate their oil recovery systems acquired from ICM, and we continue to see strong interest from prospective customers for further orders for ICM’s equipment.”
And patents they seek.
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The technology, patented by
In fact, corn growers on a recent
USDA Deputy Secretary Dr. Kathleen Merrigan will get some first hand knowledge of Iowa’s ethanol industry during a tour scheduled for October 20. During her visit, Dr. Merrigan will learn about ethanol production, utilization of co-products and biodiesel research.
“Conducting the trials locally gives local farmers a chance to see DDGS and CGF use firsthand in a trial that utilizes their own climatic conditions. It provides them a reliable source of data they can be more confident in,” said Lori Feltis, USGC Rest of the World Advisory Team member, who is currently in Egypt to assess the use of U.S. DDGS and CGF.
According to Cary Sifferath, USGC Senior Director in China, drought conditions in China this year have led to high corn prices. “Those high prices have led to some opportunities for US feed grains products, specifically distillers dried grains (DDGS) products from the US ethanol industry,” Cary said. “We had roughly 8,000 metric tons of DDGS that was exported from the US into China and right now for 2009 we can easily predict 250,000 to 300,000 tons of distillers dried grains being imported by China’s feed and livestock industry, especially in the southern and coastal areas of China where DDGS has become a very competitive feed ingredient.”
When the ethanol by-product known as dried distillers grains with solubles (DDGS) is heated at high temperatures under limited oxygen to make synthesis gas, or syngas, the remains are a fine, dust-like ash. SDSU Soil Testing Laboratory manager Ron Gelderman set out to learn whether that residue could be applied to fields as a soil nutrient, since the ash likely would be discarded in a landfill otherwise.
The
Just last week, Phibro Animal Health Corporation (Phibro)
There has been concern about the quality of dried distillers grains (DDG) but once again, tests show that they are safe. Phibro Animal Health Corporation (PHAC) has just released test results from its