New Court Ruling Against PEIX's Oil Equipment Supplier
Here's the newest ruling against PEIX's equipment supplier, ICM and other ethanol producers being sued. This ruling strongly favors GERS and is not good for PEIX. PEIX will be included in the expanded litigation for stealing GERS' patented technology. The system PEIX bought from ICM infringes GERS' patents. ICM is already losing in court as you can see.
"The ‘037 Defendants have not convinced the Court that the concentrate terms are ambiguous." "Such is not the case here; the claims are unambiguous."
"As Plaintiffs suggested at the Markman hearing, the patent examiner was
persuaded that the inventor’s combination of elements, whether well-known in the art or
not, was new."
"Further, The ‘037 Defendants could not point to anything in the prosecution history that limits the patented invention to a separate evaporator. For these reasons, the Court concludes that the evaporating terms mean just what they say: “to subject the post-oil recovery thin stillage concentrate to further or additional evaporation.”
"The ‘037 Defendants proffer no argument in support of their proposed construction."