Litex Expands Patent Infringement Suit Against Delphi Automotive Systems
SHERMAN OAKS, Calif.--July 16, 2001--Subsequent to the issuance of a new U.S. patent, Litex Inc. has expanded its existing lawsuit for patent infringement against Delphi Automotive Systems for Delphi's activities involving non thermal plasma ("NTP") assisted catalysis.The lawsuit was filed on May 25, 2001 and amended on July 3, 2001 in the United States District Court for the District of Massachusetts.
U.S. Patent No. 6,253,544 was issued on July 3, 2001 with priorities dating back to several earlier applications filed during the period 1994 to 1998. The patent contains 318 claims and extends Litex's coverage of the treatment of exhaust gases from internal combustion engines, including diesel and lean burn gasoline, with NTP assisted catalysis.
The amended complaint cites at least three claims in Patent No. 6,253,544 that, on information and belief, Delphi is said to infringe:
| -- | Claim 16 reads "A method for decreasing at least one pollutant selected from the group consisting of products of incomplete combustion of fuel and oxides of nitrogen from a first concentration to a second lower concentration in an exhaust gas stream containing exhaust gases formed from the combustion of fuel in an internal combustion engine having an exhaust passageway for channeling the exhaust gas from the internal combustion engine, the method comprising: positioning at least a portion of a generator, which generates ozone in ambient air, in the exhaust passageway; providing high frequency current to the generator; positioning catalytically active material in the exhaust passageway such that at least a portion of said material is located downstream from the generator." |
| -- | Claim 17 reads "The method according to claim 16 further comprising exposing at least a portion of the exhaust gas stream to the generator; and exposing at least a portion of the exhaust gas stream exposed to the effects of the generator to at least a portion of the catalytically active material." |
| -- | Claim 24 reads "The method according to claim 17 wherein the internal combustion engine consumes diesel fuel." |
Based upon publicly available information, Delphi's product development and marketing activities in NTP assisted catalysis systems for the reduction of NOx and particulate emissions from diesel engines are believed to be covered by these claims.
Delphi has publicly taken the position that the Litex lawsuit is without merit, but has not to date provided Litex with any evidence to support its position. Litex has been in discussions with Delphi for several years regarding the Litex NTP assisted catalysis technology.
Litex is the holder of a broad patent portfolio comprised of eight U.S. patents which cover the treatment of exhaust gases from internal combustion engines including diesel and gasoline with NTP assisted catalysis. Additional U.S. and foreign patents are pending and are expected to be added to the portfolio in the near-term.
Exhaust aftertreatment utilizing NTP assisted catalysis is rapidly emerging as one of the most promising new emissions control technologies. The claimed methods and devices in the Litex patent portfolio provide substantial reductions of tailpipe pollutants such as unburned hydrocarbons, particulates, carbon monoxide and nitrogen oxides, as well as enhanced catalytic converter immunity to poisoning from sulfur and other contaminants. These benefits are expected to assist the automobile industry in cost-effectively meeting the increasingly stringent emissions standards such as Tier 2, LEV II and EURO IV. In addition, the technology is expected to be enabling technology for the introduction of advance lean burn gasoline and diesel engines.
Litex is engaged in discussions and negotiations for licensing its NTP assisted catalysis technology and intellectual property to global automotive suppliers and automobile manufacturers. To protect its significant investment in R&D and its licensing program, Litex is committed to enforcing its intellectual property rights in all applications, including lean burn gasoline, stoichiometric gasoline, stationary power generation, VOC abatement and fuel-cells. Litex has supplemented its reserves by acquiring a $5 million patent enforcement insurance policy from various syndicates of Lloyd's of London. The leading New York law firm of Pennie & Edmonds LLP is responsible for handling all Litex patent related matters.
Litex, with an executive office in Sherman Oaks, was established in August 1996 to commercialize innovative technologies that demonstrate strong market potential and offer cost-effective solutions to complex industrial and consumer needs. Litex's technology activities are based at its offices in Cambridge, Massachusetts. More information about Litex and NTP assisted catalysis technology is available at the company's Web site at www.litexcorp.com, or by phoning the company at 818/817-7600.