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[200] As a concluding comment under this component of the decision, the CEO Approach is
intended to provide protection to Emission Rx’s proprietary and competitive interests, while
simultaneously ensuring the Applicant suffers no prejudice in assessing and prosecuting its case.
The additional information obtained by Counsel for the Applicants and their experts can be used
to formulate appropriate questions. Whatever operational steps are taken during the review
process, I further direct that the disclosure sought by Questor be tempered and balanced with the
right of Emission Rx to protect its proprietary and competitive interests.
B. CEO Order – The Scope
[201] Given the above facts and analysis, I that direct the CEO Approach be applied to the
following items within 60 days from the date of the CEO Order.
a) Unredacted sketches, designs, design information, technical drawings,
engineering drawings, production drawings, and as-built drawings in all file
formats they in which they exist, including in CAD or similar design software,
related to the following:
i.
The combustors that Emission Rx sells, directly and
indirectly, namely the RC-24, RC-36, RC-48, C 12-12, C
12-22, C 24-16, C 24-26, C 36-18, C 36-28, EF 24-14, EF
24-24, EF 36-14, EF 36-24, EF 36-24, EF 48-24, E24-10,
E36-12, E48-12, E72-12, E96-12, E120-18, and any other
combustors Emission Rx sells, directly and indirectly, that
incorporate the Emission Rx Patent;
ii.
The development of the expired patent prototype including
the evolution of, and modifications to, the design over time
from the expired patent prototype to the Emission Rx line
of combustors, up to September 2018;
iii. Correspondence, including emails, related to the
development and modification of the expired patent
prototype up to September 2018; and
iv.
Except for the records in the patent agent file that the court
determines are privileged through the process referred to
above, the material provided to the patent agent that shows
or describes, or both, the technology the Respondents
sought to patent in their patent applications.
b) Unredacted email correspondence sent among or by the Respondents referencing,
attaching, or linking to all the above items (a) responsive records, excluding any
matters that are clearly irrelevant as they are of a personal nature, which may be
redacted.
c) The operating manuals for the RC-24, RC-36, RC-48, C 12-12, C 12-22, C 24-16,
C 24-26, C 36-18, C 36-28, EF 24-14, EF 24-24, EF 36-14, EF 36-24, EF 36-24,
EF 48-24, E24-10, E36-12, E48-12, E72-12, E96-12, E120-18, and for any other
combustors Emission Rx sells and that incorporate the Emission Rx Patent.