24. What Is Far UV Technologies’ Intellectual Property Position?

Far UV devices for air, surface and water pathogen reduction have been documented in technical and other publications since the 1980s, if not earlier. Much of that prior art is now available in the public domain and in commercial use. Since completing an intellectual property landscape analysis in early 2017, Far UV Technologies has filed multiple utility and design patents and trademarks to protect its own innovations and brands. Far UV Technologies has also entered into a Technology and Licensing Agreement with Boeing to provide its customers the combined benefits of one of the largest Intellectual Property portfolios in the industry. Finally, the company’s management team also has as much if not more manufacturing know-how, real-world applications development expertise and actual installations with end-users than anyone else in the industry allowing for the design, delivery, and implementation of the most effective, and cost-efficient solutions which have led to significant and important additional trade secrets.

A market competitor (Sterilray) had previously made broad IP claims against other Far UV companies and end users of Far UV technologies. On October 11, 2023, after an extensive Inter Partes Review, the USPTO Board issued its Final Written Decision on Sterilray’s‘ 605 patent finding all challenged claims obvious and invalidating it. Then, on November 14, 2023, the Board issued its Final Written Decision in the Inter Partes Review challenging the ‘642 patent finding all of the challenged claims unpatentable and further denied Sterilray’s motion to amend. Shortly thereafter in December of 2023, SterilRay informed the court they did not intend to respond to the IPR on their ‘951 patent, almost insuring it will also be invalidated, ending potential further threats to Far UV providers or their customers any further, without incurring prospective legal damages for tortious interference. If you believe you may have been exposed to false marketing claims around prospective IP infringement, please do not hesitate to let us know.