But Nalco claims to have patented the exclusive use of ALL stabilized bromine products in a variety of end-use applications, such as cooling water. How am I able to use BromMax® without infringing on Nalcos patents?
You have been given misleading information. Nalco’s patents mostly cover the process for a way to make their stabilized product. Within these patents are claims to the use of solutions in industrial water systems (cooling, gas scrubber, air washer). However, none of these end-use application claims are independent, and stand-alone for all stabilized bromine products. They are all dependent upon earlier claims that ultimately wind up at the “product-by-process” claim. This means that Nalco only covered these end-uses for a product made by their process. Products not made by Nalco’s process, as is the case for BromMax®, are unencumbered by Nalco’s end-use application claims.
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