EMS/NR 111913

November 19, 2013

Company Contact
Tim Otto
Vice President, Sales

Patent Trial and Appeal Board AFFIRMS the USPTO’s Rejection of All 5 claims of Peach States Labs 5,672,279 patent in its Decision on Appeal

Melbourne, FL – (November 19, 2013) Nearly four years ago Peach State Labs (Peach State) 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 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 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. As found in our press release from last year, the USPTO interpreted the claims of the patent consistent with EMS’s position during litigation and determined that the claims of the Peach State patent are not patentable.  Peach State  appealed to the Patent Trial and Appeal and Board and just yesterday, November 18, 2013, the Patent Trial and Appeal Board AFFIRMED the USPTO’s decision and found that the claims of the ‘279 Patent are not patentable.  The decision by the Patent Trial and Appeal Board reaffirms the position taken by EMS throughout the entire case. 

“EMS is proud to protect the technology advantage we provide our customers and distributors around the world,” said Tim Otto, Vice President at EMS.  “We like to think we pick our battles wisely and this battle was worth fighting on moral grounds alone.  It’s nice to see the system work.”

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

For more information about EMS (Environmental Manufacturing Solutions) products, visit 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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