Wednesday, September 07, 2016

CO2 Solutions issues press release on outcome of IPR review of U.S. Patent No. 8,329,458

A press release from CO2 Solutions describes results of an IPR in the carbon capture/biofuel area:

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.

As to the "strengthening" effect of (successful) IPR review, the release states:

"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."


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