“The PTAB rules give these patent bandits a path to steal technology,” Ray Perkins said in his letter to President Trump. “And ultimately the rules themselves kill the incentive for small inventors to innovate. In the case of World Source Enterprises, those innovations can cure Red Tides, Algae bloom outbreaks and hypoxia in the Chesapeake Bay and Gulf of Mexico. It is bad for American Business and worse for the American Dream.”
The story of Ray Perkins is one riddled with questions and no underlying tangible answers. Ray invented a slow-release compound for urea-based fertilizers that reduces pollution by 30 percent. His is a liquid product, an active solvent and patented chemical compound and process. It is designed to be used with urea, which is a multi-billion-dollar industry worldwide. Ray and his business partners filed their provisional patent on October 1st, 2012 and then their non-provisional went into effect on May 8th, 2013. Right out of the gate Ray’s patented process was a major success and, within months, they had 14 million dollars in sales.
Soon after, Ray’s company found themselves in a lawsuit with KOCH and while in the process of the first lawsuit, another French Company approached Ray. Solvay, a multibillion-dollar, multinational company wanted to purchase their patented technologies. Ultimately, the partnership fell apart. Solvay has since filed 14 patent applications filled on similar technologies. So, in 2018, Ray and company re-entered the market and started selling their patented process. Yet, before they could blink an eye, a declaratory judgment was filed against Ray’s company by yet another billion dollar multinational Japanese conglomerate, Marubeni, a company using the technologies Ray had developed.
“They (Solvay) filed with PTAB two IPR actions against us, and after a long fight, our patents and claims were invalidated,” Ray said “They took an obscure Chinese patent for urea production, which had nothing to do with putting this sparse coating on. The patent referenced had ten to the 32nd power of solvent combinations and none of them ours, and they combined that with an old obscure Chinese Production process patent and found it to be ‘obvious’.” Ray’s opportunity to address and argue the IPR was ignored and never granted. Unfortunately, at the time Ray invented the patented process, there was no technology like it. Yet since the Solvay case, there are now over seven companies generating profit by infringing on Ray’s once validated – now invalidated – patent technologies.
“There is a new term introduced here, and it is far more accurate than the use of the term “Patent trolls,” Ray wrote in his letter to the president. “To pass the AIA the lack of clear PTAB rules has been used to weaponize the PTAB process for ‘Patent Bandits.’ The AIA and specifically the PTAB process incentivized and created Patent Bandits. The lack of clear rules for implementation of trial is the primary cause when you drill down on the finite details. And Americans will see the truth in those finite details eventually.”