Indianapolis, Indiana – In a case which was transferred from federal court in Connecticut, patent lawyers for GS Cleantech Corporation of New York City have filed a lawsuit alleging Flottweg Separation Technologies, Inc. of Norwalk, CT, and Flottweg AG of Germany are infringing Patent No. 7,601,858, titled METHOD OF PROCESSING ETHANOL BYPRODUCTS AND RELATED SUBSYSTEMS and issued by the U.S. Patent Office.
The complaint notes that a separate lawsuit, filed by ICM, Inc., is pending in federal court in Kansas. The plaintiff in that case requests a declaratory judgment of non-infringement and invalidity of the ‘858 patent.
The ‘858 patent covers technology for the recovery of corn oil during the manufacture of the alternative fuel ethanol. Flottweg is alleged to have actively induced infringement of the patent by supplying ICM and others with certain centrifuges and instructing ICM on corn oil extraction in a way which infringes the patent at issue. GS Cleantech also claims that the German Flottweg entity is subject to the court’s jurisdiction because it transacts business in Indiana.
Practice Tip: Recently, the U.S. Supreme Court agreed to hear a case, GlobalTech v. SEB, which will resolve the issue of whether the state of mind element of a claim for actively inducing infringement is “deliberate indifference of a known risk” that an infringement may occur or “purposeful” conduct to encourage infringement. The outcome of this case will likely have ramifications for all suits alleging “inducement” of patent infringement.
Further information about this case is as follows:
Filed: December 2, 2010 as 1:2010cv08010 Updated: December 4, 2010 01:31:18
Plaintiff: GS CLEANTECH CORPORATION
Defendants: FLOTTWEG AG and FLOTTWEG SEPARATION TECHNOLOGIES, INC
Counter Claimant: FLOTTWEG SEPARATION TECHNOLOGIES, INC
Counter Defendant: GS CLEANTECH CORPORATION
Presiding Judge:Larry J. McKinney
Referring Judge:Debra McVicker Lynch
Cause Of Action: Patent Infringement