Eqtec Share Discussion Threads

[bartyb] 09/2/2021 10:16

Patent Drafting : Waste to Energy or Waste of Energy

n 9 July 2020, Aries Clean Energy LLC filed a patent infringement lawsuit
against Eqtec PLC and its customer North Fork Community Power in the Eastern District of California asserting several US patents relating to the sustainable disposal of bio- materials and waste, particularly from industrial processes and its conversion to thermal and electrical energy for a range of uses.
Eqtec and North Fork reached agreement in January 2020 to install a biomass power plant with construction scheduled for 2021. Based on information from Eqtec’s website describing its advanced gasification technology and reactor design, Aries has filed the lawsuit based on a suite of patents.
Eqtec and the other defendants have stated their intention to vigorously defend the action and have issued a public statement that claims the allegations of infringement are based on “infringement theories”, (the allegedly infringing
activity having yet to take place) which would “prove” the Aries patents as being invalid. Eqtec asserts that the gasification apparatus shown in the lawsuit was in fact sold and other virtually identical gasifiers were sold before the filing date of the patents, thereby making the patents invalid. Patents which claim inventions which have been made available to the public anywhere in the world before the earliest date of the patent are invalid.
This case raises important points about the development of a patent portfolio. It particularly highlights the need to integrate patent activities and strategy with business and technology strategies. With an awareness of the prior art and products/ processes on the market at the time of drafting and the technology plans of the applicant, stronger more defendable patents may be secured. It is not enough however to simply have a valid patent. To justify the investment and to protect the underlying business, the patent portfolio also needs to be relevant to the commercial activity of the patent owner and would-be competitors.
But, patent applications are drafted many years before they are enforced risking a disconnection between the drafting process and shaping the assets and the enforcement process which is circumscribed by the shape of those assets. We therefore firmly believe in a “Cradle to Grave” approach in developing and utilizing a patent portfolio such that:
• patent applications are drafted with a full awareness of the complexities of litigation and enforcement;
• litigation is carried out with a clear understanding of the drafting process; and

• these activities are conducted in a strategic context through integration of technical, business and legal factors and experience.
Effective preparation of patent applications requires much more than protecting an invention. The likely nature of the infringement by a competitor, detectability, the supply chain, customer activities, the country/jurisdiction in which
infringement occurs, the evidential requirements, procedural aspects, understanding the prior art and many other factors are all directly relevant as to whether the patent application will in fact turn out to be a commercially valuable patent asset in the years to come. There are therefore many pitfalls for the unwary in not adopting a “Cradle to Grave” approach:









In the Aries v Eqtec case, as the battle-lines are drawn, a key factor is that the allegation of infringement appears to be based on the same evidence as that which supports the allegation of invalidity. In arguing for an interpretation of their patents so as to encompass the Eqtec system, Aries risks having their patents read on to the prior sale of Eqtec (assuming these matters are themselves proved) and being held invalid. Eqtec in addition to claiming the patents are invalid, will need to decide whether to also argue that their system does not infringe the patents. In doing so, they may
need to argue for a more limited interpretation of the patents which runs a risk of weakening the invalidity case. These pivotal issues, arising many years after the patents were drafted, are fundamentally shaped by and symbiotic with the drafting (and prosecution) of the patent applications.
Without a “Cradle to Grave” approach, the patent owner risks developing non-strategic or commercially weak patent
portfolio with difficulties in enforcement. It remains to be seen whether Aries’ patents provide effective protection for its waste-to-energy or whether they are a “waste of energy”.
Stephen Geary, Bawden & Associates, Tel:[phone],
Email: [e-mail], Web: www.bawden.co.uk

[aja2] 09/2/2021 10:04

I think it's still settling here before further news; given the drift it looks likely that it will spring up fast once news arrives.

[skinny] 09/2/2021 10:01

I guess its going to drift until we get some news - albeit, on lowish volume.


free stock charts from uk.advfn.com

[arab3] 09/2/2021 09:58

Snow globe not working today JuJu ?

[juju44] 09/2/2021 09:56

Hope we are not getting a double top here . It is well into oversold territory so fingers crossed

[skinny] 09/2/2021 09:47

I have no problem with factual accuracy (which is why I've removed my original post) - but there are ways of presenting it - and your post isn't one of them - it is condescending to say the least.

[aja2] 09/2/2021 09:44

If that's your interpretation of factual accuracy that's your prerogative.

[arab3] 09/2/2021 09:38

Because everyone is buying all the rest of your 5bagger ramps Tewkesbury! You must be raking it in on them

[tewkesbury] 09/2/2021 09:35

Why's it stalled?

[skinny] 09/2/2021 09:29

Ok I stand corrected - I will ask you not be so condescending - patronising superiority is not a pretty trait!

[skinny] 09/2/2021 09:16

I'll have another look, it was the

"Position of previous notification N/A N/A N/A (if applicable) "


That caused me to think it was up from zero? Clear as mud.

[soggy] 09/2/2021 07:35

Wish I could actually make head or tail of these holdings RNS's... Is that really what it's saying, Skinny? I thought it was saying that one part of the group had gone under 3% but the overall holding of the parent group hadn't changed from 4.2%. Happy to be corrected.

[skinny] 09/2/2021 07:01

Incorrect post.

[davidblack] 08/2/2021 21:35

Currently in the Billingham waiting room that’s all.

[hoper1] 08/2/2021 21:34

The Aries claim is small fry compared with all the positives which are being worked on.

[paul8515] 08/2/2021 18:34

Why? This has been hanging over this share for months. Why the sudden nervousness now Juju?

[juju44] 08/2/2021 17:12

Court verdict is choking this

[stevea171] 07/2/2021 20:51

EQTEC, Caulmert, Logik to develop UK waste-to-energy, biogas project.
Feb 5, 2021

Caulmert has been chosen to provide planning, engineering, environmental and project management advice to Logik Developments for a £100 million (€114 million) waste-to-energy and biogas project in Flintshire, UK.

Energy company EQTEC agreed a deal in December to purchase and develop land at Deeside Industrial Estate. The site currently has planning permission for a £50 million (€57 million) biogas generation facility for the processing of 182,000 tonnes of municipal, commercial, and industrial waste into refuse-derived fuel (RDF) with the organic waste element being processed via anaerobic digestion to produce 2 MW of biogas.

hxxps://www.bioenergy-news.com/news/eqtec-caulmert-logik-to-develop-uk-waste-to-energy-biogas-project/

[plenum206] 05/2/2021 14:04

That near 8mil a couple of hours ago didn't help ?

[juju44] 05/2/2021 14:01

Must be another seller about . Lots of buying but share price cant progress

[crosschris] 05/2/2021 12:22

In the interest of clarity and to avoid any confusion, yes!