patent for clay floc system
I understand that some of you have questions regarding the status of our lawsuit against Clean Up America for infringing the Parker West patented system, so let me bring you up to date.
Parker West successfully defended its patented technology in recent litigation. In September of 2009, the U.S. District Court has ruled that Clean Up America, Inc. has intentionally infringed on Parker West's patented mobile wastewater reclamation and treatment techology by manufacturing, marketing and distibuting the Swabby 48 and Swabby Mothership equipment in the industry. The court ordered Clean Up America, Inc. and Cean Up America Franchise Development Corporation to pay TREBLE damages to PW because of their intentional fraud, breach of contract and patent infringement and to reimburse PW for its attorneys' fees and costs expended to defend the patent.
The District Court also orderd Clean Up America, Inc. and Clean Up America Franchise Development Corporation, together with any and all persons or entities in "active participation" with them, to cease and desist their business activities and operations that infringe PW's patent, including use of the Swabby 48 and Swabby Mothership. Accordingly, continued use of the PW wastewater recovery and treatment system, utilizing clay based flocculants is violation of the Court Order. Moreover, because the equipment obtained from CUA infringes PW's patent, PW is entitled to recover damages going back to the date the purchaser started using the equipment.
William Clemons has filed for personal bankruptcy. CUA has not filed for bankruptcy.
Rather than initiating an adversarial proceeding PW is offering an opportunity to establish a new and ongoing business relationship to anyone who purchased equipment from CUA. As part of our commitment to establishing a business relationship with CUA/PW equipment owners or any other company utilizing the PW System, we are currently willing to waive our claim for damages based on past infringing conduct.
A critical component of this offer is PW's intention to promptly negotiate the terms of a licensing agreement with regard to our patented technology.
I understand that some of you have questions regarding the status of our lawsuit against Clean Up America for infringing the Parker West patented system, so let me bring you up to date.
Parker West successfully defended its patented technology in recent litigation. In September of 2009, the U.S. District Court has ruled that Clean Up America, Inc. has intentionally infringed on Parker West's patented mobile wastewater reclamation and treatment techology by manufacturing, marketing and distibuting the Swabby 48 and Swabby Mothership equipment in the industry. The court ordered Clean Up America, Inc. and Cean Up America Franchise Development Corporation to pay TREBLE damages to PW because of their intentional fraud, breach of contract and patent infringement and to reimburse PW for its attorneys' fees and costs expended to defend the patent.
The District Court also orderd Clean Up America, Inc. and Clean Up America Franchise Development Corporation, together with any and all persons or entities in "active participation" with them, to cease and desist their business activities and operations that infringe PW's patent, including use of the Swabby 48 and Swabby Mothership. Accordingly, continued use of the PW wastewater recovery and treatment system, utilizing clay based flocculants is violation of the Court Order. Moreover, because the equipment obtained from CUA infringes PW's patent, PW is entitled to recover damages going back to the date the purchaser started using the equipment.
William Clemons has filed for personal bankruptcy. CUA has not filed for bankruptcy.
Rather than initiating an adversarial proceeding PW is offering an opportunity to establish a new and ongoing business relationship to anyone who purchased equipment from CUA. As part of our commitment to establishing a business relationship with CUA/PW equipment owners or any other company utilizing the PW System, we are currently willing to waive our claim for damages based on past infringing conduct.
A critical component of this offer is PW's intention to promptly negotiate the terms of a licensing agreement with regard to our patented technology.