Freedom To Operate (FTO)
OxyMem was the first to commercialise Membrane Aerated Biofilm Reactor (MABR) products, having done so in early 2014. To date, OxyMem has successfully installed over twenty systems for clients located in various countries around the world.
In October 2015, a competitor of OxyMem alleged that OxyMem’s MABR products would infringe certain of the competitor’s U.S. patents if those products were sold or offered for sale in the U.S. OxyMem reviewed the patents and advised the competitor that there was no merit to such allegation. Notwithstanding this, the competitor sent a cease-and-desist letter on February 12, 2016 during the period when OxyMem was in the process of closing a major funding round. Unfortunately, due to the expenses typically involved with disputes, at that time OxyMem wasn’t in a position to resist a legal threat or challenge from a large competitor. Consequently, in order to avoid disrupting the financing and to enable us to carry out a further legal review, OxyMem stepped back from the U.S. Today, OxyMem has no operations in the U.S. nor does it have plans to operate in the U.S. As previously reported, the financing round closed in [March 2016], six weeks following the cease-and-desist letter.
Since that time, OxyMem has conducted a further review of the relevant patents, and we continue to assert that our MABR products would not infringe any valid claims of the U.S. patents identified by the competitor.
In light of the foregoing and because all of its customers are located outside the U.S., Oxymem will be pleased to offer the following assurances to its customers pursuant to the written agreement that Oxymem may enter into with its customers:
1. FTO and IP indemnities;
2. 10-year product guarantees for municipal applications and 5-year product guarantees for industrial applications;
3. Performance & Process guarantees based on customer KPI’s; and
4. Best performance MABR at lowest cost
In order to help OxyMem correct any misleading or inaccurate statements, OxyMem respectfully requests that you please make us aware of any allegations from third parties that state OxyMem is not able to serve a particular market. We appreciate your support in this.
Wayne Byrne (CEO)