What our patent consists of:
Competitors are infringing if their systems fall within the description outlined in the first claim of our patent. This claim describes our system as follows: A land-based pump to push the wastewater to a reservoir floating on two or more pontoons. The reservoir is used to feed water through two or more risers to the nozzles, which convert the water into an evaporable spray.
Please note that a system DOES NOT have to be an exact duplicate of EvapoRite’s design to violate our patent; rather, it simply needs to fall within the description of our first claim. For instance, we use high-head (for pressure) Godwin HL-series, or Gorman Rupp O-series, land-based pumps; however, any land-based pump could fall within our claim if it is used as part of a system that matches the description in our patent.
The same is true of other components. For instance, we use pontoons built from PVC, but pontoons could also be built from barrels, aluminum pipe, foam, or plastic. Also, our risers are designed in number, length, and angle to take advantage of available airspace surrounding the operations; however, risers of any length or design can fall within our claim. They might be as small as a single coupling, and may be pointed straight into the air as opposed to being arrayed in an angle. They still infringe if the system overall is described within our claim.
To help eliminate any confusion, we posted a number of examples of potential infringement we have observed in the field. Each picture is annotated to highlight the various aspects of our claims.
Licensing Requirements:
Various factors prevent licensed copies of our systems from achieving an equivalent level of performance; however, our goal is to ensure that every system we license is modified to achieve the highest level of efficiency and environmental containment it is capable of producing. In doing so, EvapoRite seeks to elevate the standards of our industry and ensure that oil and gas Producers get the best possible return on their elimination dollar.
An additional expectation of licensing will be measurement and verification of daily production activities. Licensees will be trained on how to accurately measure and report their performance on a day to day basis. These measurements will be verified at random using hydrostatic sensors, and the results will be posted on a password secured location on-line.
Other requirements of licensing will include an up-front fee for advertising and promotional purposes, royalties on gross receipts, and a commitment to continually upgrade systems until they obtain a performance standard comparable to our patented units.