Adventus Americas Inc. and EnviroMetal Technologies Inc. (hereafter referred to as Adventus) provide the following update concerning patent infringement litigation matters. A recent announcement by Remediation Products, Inc. (RPI) seeks to misinform members of the environmental remediation community regarding the status of a patent infringement case brought against RPI by Adventus. The case, which has been in process for nearly three years, is currently pending and the presiding Judge has issued a number of preliminary rulings, the most recent was issued more than two months ago. A number of the most significant rulings have been strongly supportive of Adventus’ position that a product sold by RPI infringes Adventus’ patents. The District Court’s ruling on Adventus’ '213 “iron PRB” patent was quite favorable to Adventus and against RPI.
We believe it is important for members of our community to know that there have been no recent developments in the case, that a trial has yet to take place, and that beyond a trial there is a right to appeal any decision to the Federal Circuit Court of Appeals, a specialized patent appeals court, through all of which Adventus is confident of securing a judgment that RPI is guilty of patent infringement.
Adventus is one of the leading developers of environmental remediation technology. We embrace collaborative ways of implementing our patented technologies. Everything we do is premised on the fundamental principle that Adventus’ intellectual property is one of our most valuable assets, and represents the work product of our scientists and engineers as well as significant investment. The genesis of our patents is the work of Dr. Bob Gillham at the University of Waterloo, in the late 1980’s, and the early 1990’s research of Dr. Alan Seech. Since issuance of the patents, our methods have been widely and effectively used, domestically and internationally, through direct sales of our products and via our licensing program.
Over the years a number of entities have tried to appropriate our technologies without respecting our patent rights, through payment of industry-standard royalties to Adventus. In each instance the infringers have ultimately been required to pay damages to Adventus. We are confident that the outcome will be the same in the patent infringement case we are currently prosecuting against RPI.