Innovative Environmental Technologies, Inc. Answers PeroxyChem, One Equity Partners Infringement Allegations with Federal Antitrust and Eight Other Counterclaims.
PRLog - Dec. 31, 2014 - PHILADELPHIA -- December 29th, 2014
Today Innovative Environmental Technologies, Inc. (IET) filed our answer to PeroxyChem, LLC’s patent infringement suit regarding patent 7,785,038 (“the ‘038 patent”) with defenses ranging from patent invalidity to inequitable conduct, while countering with nine claims against PeroxyChem, LLC.
One Equity Partners, the global private investment arm of J.P. Morgan Chase & Co., announced on March 3rd, 2014 the completion of the acquisition of PeroxyChem, formerly FMC Global Peroxygens, a business division of FMC Corporation specializing in peroxygen chemistries. The acquisition included all sales, manufacturing, and supply chain and R&D capabilities of FMC Global Peroxygens and was valued at approximately $200 million.
Innovative Environmental Technologies, Inc. (IET) was created in 1998 in response to a need for a technology based remedial contractor without ties to any specific product vendor or consulting engineering company. Since its inception, IET has developed and patented in-house technologies where appropriate, licensed outside technologies when needed and worked with a variety of product vendors in its effort to offer its clients the best and most efficient remedial options. IET has designed, fabricated and built equipment, tooling, and remedial systems that integrate these technologies such that the consulting engineering companies we contract to are assured that they are providing their customers with appropriate and proven integrated remedial solutions. In the past 17 years, IET has performed over 900 remedial projects in over 30 states across the United States. Working with consulting engineering companies across the country, IET evaluates individual site’s data and geochemistries to effectively design and implement the appropriate remedial solutions. IET has earned a reputation in the in situ remediation industry as an innovator. IET is the owner of U.S. Patents 7,129,388, 7,044,152, 7,531,709, 7,828,974 and 8,147,694, as well as pending U.S. Patent Applications 13/785,840, 13/866,158, 13/891,934, 14/268,637, 14/268,637, 14/268,629, 14/488,635 and 14/532,689. _________________________________________________________
November 9th, 2014, THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA – PeroxyChem Filing:
Count 1:
“IET has infringed and continues to infringe the ‘038 Patent by practicing one or more of the methods claimed in the ‘038 patent related to, inter alia, the treatment of organic compounds present in soil, groundwater, and other environments.” _____________________________________________________________
December 29th, 2014, THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA – IET Answer:
Affirmative Defense 1: Failure to Join Necessary and/or Indispensable Parties
Affirmative Defense 2: Non-Infridgement of the “038 Patent”
Affirmative Defense 3: Invalidity of the “038 Patent”
Affirmative Defense 4: Prosecution History Estoppel
Affirmative Defense 5: Laches, Waiver, Estoppel and Acquiescence
Affirmative Defense 6: Unclean Hands
Affirmative Defense 7: Limitation on Damages\
Affirmative Defense 8: Inequitable Conduct
Affirmative Defense 9: Misuse
Affirmative Defense 10: Exceptional Case
Affirmative Defense 11: License/Implied License
Affirmative Defense 12: No Injunctive Relief
Counterclaim 1: Declaratory Judgement of Non-Infringement of U.S.Patent 7,785,038
Counterclaim 2: Declaratory Judgement of Invalidity
Counterclaim 3: Declaratory Judgement of Unenforceability
Counterclaim 4: Federal and State False Advertising
Counterclaim 5: Tortious Interference with Contract and Business Relationship
Counterclaim 6: Tortious Interference with Economic Advantage
Counterclaim 7: Commercial Disparagement in Pennsylvania
Counterclaim 8: State Antitrust – Illegal Restriction on Free Trade
Counterclaim 9: Federal Antitrust – Illegal Restriction on Free Trade -PeroxyChem’s course of conduct, including its assertion of the ‘038 Patent against IET in mid-2014 after a decade of acquiescence, and for an improper purpose, is an attempt to illegally restrict free trade in violation of the Sherman Act, 15 U.S.C. §1 et seq., and the Clayton Act/Robinson-Patman Act, 15 U.S.C.§12 et seq. __________________________________________________________
It is unfortunate that we exist in a business environment in which large multinational organizations and corporations frequently intimidate small businesses with the threat of costly litigations as a means of coercing them into inequitable contracts and licenses. If there are other small companies which have had similar experiences with One Equity Partners and/or PeroxyChem, LLC. I would welcome the opportunity to share with you our experiences.
Read Full Story - Federal Antitrust and Eight Other Counterclaims Lodged Against One Partners and PeroxyChem by IET | More news from this source
Press release distribution by PRLog
Federal Antitrust and Eight Other Counterclaims Lodged Against One Partners and PeroxyChem by IET
December 31, 2014 at 06:41 AM EST
