It has come to light that the following statement "Nu Flow contends Ace failed to disclose the existence of the Navy patent to the USPTO examiner while the Ace patent was being considered for approval by that agency", which was made in a September 25, 2008 press release, is incorrect. The following is a revised version of that press release.
ACE DURAFLO GIVES GROUND IN NU FLOW SETTLEMENT
In a settlement recently reached earlier between Nu Flow and Ace Duraflo to resolve a District Court case in Southern California, Nu Flow has agreed not to use the terms "patented harness" or "patented cutter." Nu Flow further agreed to cease using the phrase "holds many patents" until the U.S. Patent and Trademark Office issues a third patent Nu Flow has pending.
Nu Flow currently owns two patents on its drain lining technology, and maintains rights to 18 other industry-related patents used in both its drain and potable lining systems, dual technologies from a single source that are unique to Nu Flow in the epoxy lining industry.
In an order denying Ace's motion for summary judgment against Nu Flow, the Judge stated that Ace's case "should not be a personal matter" and stated that "it is not in the parties' best interests, nor the public's best interest, to spend hundreds of thousands of dollars litigating this case through trial and appeals." The Judge further encouraged the parties to resolve the matter out of court. Ace abandoned its claim for money damages and settled the case.
Nu Flow readily agreed that an independent arbitrator could also decide whether Nu Flow's #7000 epoxy falls within the range of the U.S. Navy patent of which Nu Flow is master licensee in the United States. Nu Flow contends that Ace has attempted to impede Nu Flow's ability to operate under the U.S. Navy patent. The Navy patent has been in hot dispute between the two companies because the Navy's patent was issued prior to a similar patent recently issued to Ace Duraflo.
In spite of battling lawsuits brought by Ace for three successive years, the last year has signified phenomenal growth for Nu Flow. The company acquired five new industry-related companies, expanded product offerings and technologies, established three new corporate offices and, since January 2007, added 66 new licensees to its extensive global network.
Nu Flow vice president Steve Howe explains that "Nu Flow's growth is a direct result of our ability to remain focused on what's really important - product, service, and maintaining our leadership role in the industry."
About Nu Flow
The Nu Flow Companies offer innovative green technologies for the rehabilitation of the inner infrastructure of pipe and water systems. Nu Flow is the only entity that manufactures and installs lining for drinking water pipes, sewer restoration products, and whole-structure bio water filtration around the world. Nu Flow has successfully completed pipe restoration in applications ranging from commercial and domestic multi-story structures, industrial and government facilities, HVAC and drain systems, oil rigs and Naval vessels, to underground utilities and lead service piping. An industry pioneer in the "one-stop-shop" concept, Nu Flow is the first and only company to combine green technology solutions in the pipe lining and water filtration industries from a single source.
