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GS CleanTech patents held Unenforceable due to misconduct before the U.S. Patent and Trademark office



Debbie Harding, ICM, Inc.





GS CleanTech patents held Unenforceable due to misconduct
before the U.S. Patent and Trademark office


(Colwich, Kan. – September 16, 2016) – On September 15, 2016, the United States District Court for the Southern District of Indiana issued an Order finding problems with certain of GS CleanTech patents subject to multiple lawsuits filed by GS CleanTech against many ethanol plants and technology providers.  Specifically, GS CleanTech's corn oil separation patents, U.S. Patent Nos. 7,601,858; 8,008,516; 8,008,517; and 8,283,484, are unenforceable because of the inequitable conduct of the inventors and their attorneys in prosecuting the patents before the United States Patent and Trademark Office. This ruling is in addition to the Order issued in October 2014 which found these patents and others to be invalid and not infringed. In a separate Order also issued on September 15, 2016, Judge Larry J. McKinney also dismissed with prejudice all cases against all ethanol plants and other defendants filed by GS CleanTech. 


"ICM is very pleased with the new rulings by the federal court. ICM identified early in the litigation that the inventors filed a false declaration before the USPTO and failed to correct it properly. We believed that GS CleanTech and their attorneys also withheld material information from the USPTO in the prosecution of certain patents. Obviously, the Court agreed with us." said Brian Burris, attorney for ICM, Inc.  "ICM will vigorously defend any appeal that may be filed by GS CleanTech," Burris concluded.


Chris Mitchell, president of ICM, stated "This is a big win for those in the ethanol industry who purchased oil extraction technology and the technology providers. The perseverance of ICM and the codefendents in defending this case was resolute.  We are pleased in the positive outcome for us and the plants that purchased our Base Tricanter Systems™ and Advanced Oil Systems™. 



About ICM, Inc.

Established in 1995 and headquartered in Colwich, Kan., ICM, Inc., provides innovative technologies, solutions, and services to sustain agriculture and advance renewable energy, including food and feed technologies that will increase the supply of world protein. By providing proprietary process technology to 106 facilities globally with a combined production capacity of approximately 8.8 billion gallons of annual ethanol production and 25 million tons of distiller’s grain feed co-products annually, ICM has become a world leader in bio-refining technology. The full-service provider also offers a comprehensive line of more than 100 products and services tailored to make biofuels production more efficient and more profitable. ICM is further upholding its responsibility as an industry leader by heavily investing in the continued advancement of renewable energy technologies. In an effort to speed that advance, ICM conducts research and testing at its state-of-the-art research facility in St. Joseph, MO, in conjunction with a growing list of strategic partners spanning multiple industries.


For more information, please visit icminc.com.