The latest news from academia, regulators
research labs and other things of interest
Posted: June 12, 2008
Neuftec Issues Patent Infringement Proceedings in the UK Against Oxonica
(Nanowerk News) Neuftec
Limited, the proprietor of the original nano-particulate cerium Oxide fuel
catalyst technology, today commenced patent infringement litigation in the
UK against Oxonica Energy Limited, a wholly owned subsidiary of Oxonica PLC
. The proceedings, issued in the High Court of Justice, allege infringement
of Neuftec's European patent.
The proceedings seek an injunction against Oxonica as well as damages
in relation to product already sold and delivery up or destruction of all
articles that would infringe Neuftec's European patent.
Neuftec claims that Oxonica and its legal advisors have previously made statements on at
least two occasions that they have no intention of dealing with products
that infringe any of Neuftec's issued patents. "However, despite these
statements it is with regret that this is the second time, to the best of
Neuftec's knowledge, that Oxonica has infringed its granted patents" Neuftec writes.
The first infringement came in May 2007 when it came to Neuftec's
knowledge that Oxonica infringed the claims of Neuftec's Australian patent
by collecting a shipment of Envirox without the knowledge, consent or
authorization of Neuftec. This stock is estimated by Neuftec to have a
resale value of approximately US$1.8 million and cannot be used or sold
without Neuftec's permission. It has been stored in a warehouse in
Australia since March 2007.
The latest alleged infringement occurred when Oxonica shipped Envirox
formulations to Italy for use in Italian Government laboratory emission
Neuftec is continuing it's investigations with customers, distributors
& agents of Oxonica to determine the extent of the alleged infringement
Neuftec is represented in these proceedings by Watson, Farley &
Williams LLP & Mr. Mark Platts-Mills QC of 8 New Square, London.
Neuftec is a research & development company that owns patents in the
fuel catalyst technology sector used in the production of the first version
of EnviroxTM (2001-2007) that was manufactured by Advanced Nanotechnology
("ANO") of Australia under a manufacturing licence granted by Oxonica with
authorization from Neuftec.
On February 29, 2008, IP Australia issued a re-examination report in
respect of Neuftec's Australian patent. The patent had been issued in 2006
with 10 claims. In the re-examination report, IP Australia confirmed the
patentability of the 10 claims as originally granted in 2006 in
re-examination proceedings initiated by Oxonica.