Claims of commercial significance upheld, preserving valuable IP protection
QUEBEC CITY, Sept. 7, 2016 /PRNewswire/ - CO2 Solutions Inc. (CO2 Solutions or "the Corporation") (TSX-V: CST), the leader in the field of enzyme-enabled carbon capture technology, today announced that the U.S. Patent and Trademark Office (USPTO) upheld the validity of numerous commercially significant claims related to U.S. Patent No. 8,329,458, CARBONIC ANHYDRASE BIOREACTOR AND PROCESS FOR CO2-CONTAINING GAS EFFLUENT TREATMENT that had been challenged by a competitor. The decision came in the context of an Inter Partes Review (IPR) proceeding, which was instituted by the Patent Trial and Appeal Board (PTAB) pursuant to a petition filed by U.S.-based Akermin Inc.
Having reviewed CO2 Solutions' patent, the PTAB ruled in favour of the Corporation on four of the five grounds of reviews, upholding the Corporations commercially significant claims of the patent that had been challenged and therefore such patent claims will remain in force. The PTAB's decision to cancel several claims of the patent has no effect on the Corporation's freedom to operate, and this part of the PTAB's decision may be appealed should the Corporation so decide in due course.
"In laymen's terms, what this means is that, based on the patent claims upheld by the Patent Office, the access to the field of enzyme-enabled carbon capture is barred by our intellectual property of 49 granted patents and 40 pending patent applications," stated Evan Price, President and CEO of CO2 Solutions. "We believe this confirms CO2 Solutions' possession of the least expensive and most environmentally friendly carbon capture technology available on the market."
"Claims that survive the heightened scrutiny of IPR proceedings are typically strengthened against subsequent challenges," commented Jeremy Lawson of ROBIC, LLP, which has provided patent counsel to CO2 Solutions for almost two decades. "Patent claims that are challenged in IPR proceedings are usually those that are infringed or commercially significant to a competitor. In this particular case, a number of CO2 Solutions' claims related to CO2 capture using certain enzymatic particle materials as well as bioreactor and process configurations were challenged but have been upheld."
This USPTO decision comes on the heels of another decision relative to a post-grant re-examination request in Denmark, issued on July 15, 2016, and also initiated by Akermin Inc. In this decision, the Danish Patent Office maintained all of CO2 Solutions' claims contained in the registered Danish Utility Model, meaning that all of the claims were upheld.
Subsequent to the release of the Danish decision, Akermin Inc., the petitioner in both the Danish re-examination proceeding and the U.S. IPR proceeding, has itself ceased operations and is currently in liquidation. These recent patent office decisions and the developments concerning the Corporation's sole competitor in the field of enzyme-enabled carbon capture further illustrate the strength of the Corporation's patent portfolio and the competitive advantage CO2 Solutions continues to hold in this field.
About CO2 Solutions Inc.
CO2 Solutions is an innovator in the field of enzyme-enabled carbon capture and has been actively working to develop and commercialize the technology for stationary sources of carbon pollution. CO2 Solutions' technology lowers the cost barrier to Carbon Capture, Sequestration and Utilization (CCSU), positioning it as a viable CO2 mitigation tool, as well as enabling industry to derive profitable new products from these emissions. CO2 Solutions has built an extensive patent portfolio covering the use of carbonic anhydrase, or analogues thereof, for the efficient post-combustion capture of carbon dioxide with low‐energy aqueous solvents. Further information can be found at www.co2solutions.com
CO2 Solutions Forward-looking Statements
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SOURCE CO2 Solutions Inc.