Neuftec Limited, the proprietor of the original nano-particulate cerium oxide fuel catalyst technology, which recently issued a claim against Oxonica Energy Limited, a wholly owned subsidiary of Oxonica PLC, for infringement of its European Patent in the High Court of Justice, has commented on a fundamental inaccuracy in Oxonica's AGM Statement issued by Dr Matthews (CEO) on 19 June 2008.
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 granted patent, EP(UK) 1299 508."
In May 2007, Oxonica provided Neuftec with a confidential statement containing what it claimed to be the chemical composition of Envirox sold to Petrol Ofisi. Based on that information alone, Neuftec confirmed in June 2007 that the second source product supplied to Petrol Ofisi did not come within the scope of claims of Neuftec's patent. Neuftec has never acknowledged that Envirox products sold to customers other than Petrol Ofisi did not infringe Neuftec's European patent.
Neuftec has obtained samples of Oxonica's Envirox formulation produced by Nyacol and conducted a preliminary analysis of the formulation. The results of this analysis confirm that the Nyacol Envirox formulation does not match the compostion statement issued to Neuftec by Oxonica. Neuftec Limited thus reserves its position regarding its rights to claim infringement in respect of all other formulations of Envirox supplied to other parties.
As reported earlier this month, the latest alleged infringement occurred when Oxonica shipped Envirox formulations to Italy for use in Italian Government laboratory emission testing. Neuftec is continuing it's investigations with customers, distributors & agents of Oxonica to determine the extent of the alleged infringement. Neuftec issued proceedings to seek an injunction against Oxonica as well as damages in relation to product already sold and delivery up or destruction of all articles that would infringe Neuftec's European patent.