NEWS RELEASE
FOR IMMEDIATE RELEASE
EMS/NR 100312

October 3, 2012

Company Contact
Tim Otto
Vice President, Sales
877-424-6979
tim@enviromfg.com

United States Patent and Trademark Office Rejects All 5 claims of Peach States Labs 5,672,279 patent in Final Office Action

Melbourne, FL – (October 3, 2012) Nearly three years ago Peach State Labs accused Environmental Manufacturing Solutions (EMS) of infringing their patent, U.S. Patent No. 5,672,279.  EMS was not the first company to be accused by Peach State Labs in this manner, but EMS was the first to fight back.

“Our position all along was that our accused products in no way infringed the patent of Peach State Labs and we saw the whole exercise as a way to force EMS to divulge sensitive details of our technology during the process of defending ourselves,” said John MacDonald, President of EMS. “However, we felt an obligation to stop Peach State from burdening EMS or other companies through what we considered bullying tactics. It was also my professional opinion that this chemical they claimed to be so unique and the method of using the chemical was in fact a technology that has been patented and existed for decades by others.”

During the course of the patent infringement litigation with Peach State, EMS requested the USPTO to reexamine the Peach State patent, that Peach State accused EMS of infringing.  In fact, the USPTO has reexamined the patent and interpreted the claims of the patent consistent with EMS’s position during litigation.  The USPTO determined that the claims of the Peach State patent are not patentable. The initial finding made by the USPTO rejected all the claims of the Peach State patent, meaning upon reexamination the USPTO found nothing unique or patentable about the chemical disclosed in the patent and it’s method of use.  Over about a ten month period, Peach State argued this finding directly with the patent office and attempted to do so with several filings, personal interviews and purported experts in the field.  On September 27, 2012, the USPTO issued a final office action in which the determination that all claims were not patentable was made final. The USPTO gave several reasons for their ruling including “patentee’s admission of prior art.”

“Obviously we’re pleased to see the system work,” said Vice President, Tim Otto. “It’s also comforting to know that this action taken by the USPTO adds further value to our current and pending patent applications which offer our distributors and customers real value.  My understanding is that Peach State may have an opportunity to appeal this action.  Regardless of what Peach State does, EMS is confident that the USPTO has made the correct decision, which won’t be overturned on appeal”

Powered by EMS’ patented synthetic technologies, EMS products carry a triple-zero HMIS score. Dozens of EMS products have been recognized by the US EPA’s Design for Environment program, including certification for direct release, and have been recognized by the EPA’s Safer Detergents Stewardship Initiative (SDSI) as Champion.
For more information on EPA’s Designed for Environment program, visit www.epa.gov/dfe

For more information about EMS (Environmental Manufacturing Solutions) products, visit www.enviromfg.com or call 877-424-6979.

About EMS
EMS is headquartered in Melbourne, Florida with offices in Salt Lake City, Utah, Norfolk, Virginia and London, England. EMS offers over 150 products that replace acids, solvents, and caustics so common in the world of industrial cleaners. EMS products are distributed through authorized representatives in the U.S. and abroad. EMS formulations continue to revolutionize industries such as construction, food preparation, janitorial, maritime, aviation, waste-water treatment, oil and gas, mining, turf and agriculture among others. EMS also makes the world's only original equipment manufacturer (OEM) approved truck washes and cleaners.

 

 

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