Neuftec Responds to a Fundamental Inaccuracy in Oxonica PLC's Regulatory Announcement
Dr Kevin Matthews stated in the recent Regulatory Announcement that:
"In 2007 Neuftec acknowledged that Envirox as supplied by Nyacol,Oxonica's strategic partner, does not fall within the claims of their grantedpatent, EP(UK) 1299 508."
In May 2007, Oxonica provided Neuftec with a confidential statementcontaining what it claimed to be the chemical composition of Envirox sold toPetrol Ofisi. Based on that information alone, Neuftec confirmed in June 2007that the second source product supplied to Petrol Ofisi did not come withinthe scope of claims of Neuftec's patent. Neuftec has never acknowledged thatEnvirox products sold to customers other than Petrol Ofisi did not infringeNeuftec's European patent.
Neuftec has obtained samples of Oxonica's Envirox formulation produced byNyacol and conducted a preliminary analysis of the formulation. The resultsof this analysis confirm that the Nyacol Envirox formulation does not matchthe compostion statement issued to Neuftec by Oxonica. Neuftec Limited thusreserves its position regarding its rights to claim infringement in respectof all other formulations of Envirox supplied to other parties.
As reported earlier this month, the latest alleged infringement occurredwhen Oxonica shipped Envirox formulations to Italy for use in ItalianGovernment laboratory emission testing. Neuftec is continuing it'sinvestigations with customers, distributors & agents of Oxonica to determinethe extent of the alleged infringement. Neuftec issued proceedings to seek aninjunction against Oxonica as well as damages in relation to product alreadysold and delivery up or destruction of all articles that would infringeNeuftec's European patent.
Neuftec is a research & development company that owns patents in the fuelcatalyst technology sector used in the production of the first version ofEnviroxTM (2001-2007) that was manufactured by Advanced Nanotechnology("ANO") of Australia under a manufacturing licence granted by Oxonica withauthorization from Neuftec.
On 29 February 2008, IP Australia issued a re-examination report inrespect of Neuftec's Australian patent. The patent had been issued in 2006with 10 claims. In the re-examination report, IP Australia confirmed thepatentability of the 10 claims as originally granted in 2006 inre-examination proceedings initiated by Oxonica.
SOURCE Neuftec Limited
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