“A method and kit of components for destroying organisms and toxins in from [sic] an enclosure such as a building. Temperature sensing probes are installed in the enclosure to indicate structure temperature and a recorder is used to record the temperature of said sensing probes in real time. Hot air is introduced into the enclosure through one or more ducts to raise the structure temperature to at least about 120°F., as monitored by the temperature sensing probes. This is sufficient to kill essentially all insects, bacteria, virus, dust miles, spiders, silver fish, fungi and toxic molds such as aspergillus oryzae, aspergillus terreus, aspergills [sic] versicolor; cladosporium hergbarum [sic]; stachybotrys chartarum, penicillium aurantiogriseum, pencillium chrsogenum [sic], pencillium glabrum and fusarium oxysporum, and the like. The air can exit through open doors and windows or through ducts to a filter assembly that captures the remains of the organisms. Ozone may be added to the heated air to improve efficiency. Preferably, air when extracted from an egress duct downstream of the filters improves air flow through the enclosure and filters. A typical building can be treated in six to eight hours.”
“A method for sanitizing an enclosed structure having an exterior and an interior, comprising the steps of: preparing said enclosed structure for exposure to a high temperature gas by removing or protecting all heat sensitive items; disposing a plurality of temperature indicating probes at predetermined locations within said enclosed structure; heating a gas to a predetermined temperature; directing said heated gas into said enclosed structure in order to raise the temperature within said enclosed structure to said predetermined temperature; monitoring the temperature detected from said probes in real time to ensure that all portions of said enclosed structure reach said predetermined temperature; venting said heated gas from said enclosed structure; and Filtering said heated gas vented from said enclosed structure.”
Objects of the ‘812 Patent
- Provide a non-toxic method for destroying organisms, including mold and insects;
- Remove substantially all of the remains of the killed organisms from open areas in the structures;
- Filter gases leaving the enclosure;
- Destroy the organisms in a relatively short period; and
- Monitor the temperature level to assure that all areas reach the predetermined effective temperature.
Validity of the Patent
- Heat as a Means of Controlling Mill Insects (1911)
- Studies in Termite Control (1922)
- Insect Control in Flour Mills (1958)
- The Way Things Work (1967)
- Treatment of Process Air for Deep Culture (1969)
- Heat Sterilization as a Control for Stored-Grain Pests (1984)
- Heat Treatment for Powerpost Beetles (1989)
- The defendants directly and/or indirectly infringed at least claims 4 and 6 of the ‘812 patent by making, using, selling and/or offering to sell heat technology remediation services which include all elements of such claims.
- Giertsen, Temp-Air, RxHeat and Jon-Don also directly and/or indirectly infringed on claim 9 of ThermaPure’s ‘148 patent by making, using, selling and/or offering to sell heat technology remediation services.
- Temp-Air, Servpro, DKI, Dri-Eaz, RxHeat, Cambridge and Jon-Don had also contributorily infringed or induced infringement of one or more ThermaPure patents in violation of federal law by offering equipment, instruction and/or services through their Web sites and at trade shows.
Victory for Temp-Air
- Temp-Air has not directly infringed the ‘812 and ‘148 patents through making, using, selling or offering to sell any Temp-Air product or service;
- Temp-Air has not induced or contributed to and is not inducing to or contributing to the infringement of the ‘812 and ‘148 patents by another through any act of Temp-Air or sale or offer for sale of any Temp-Air product or service;
- Judgment is entered for Temp-Air and against ThermaPure on ThermaPure’s claims of infringement of the ‘812 and ‘148 patents; and
- No appeal shall be taken by any party from this Consent Judgment, the right to appeal being expressly waived by all parties.