Gennfros mired in patents injunction controversy

 by EWAN LAMB

A claim by the chief officer at Gennfros PLC, the business set up recently to replace Avocet's 'disruptive technology' business, that international patent injunctions would be obtained next week has been rubbished on the internet forum which provides a platform for investors and shareholders.

Although Gennfros management has stated several times that there is no direct link between themselves and Avocet, the newcomers say mystery investors who are prepared to pour many millions of pounds into the development of a 'wonder' fuel additive insist that "past undertakings to Avocet are translated into Gennfros injunctions".

But critics of the Avocet group, headed by businessman Martin Frost and chemist Dr Bob Jennings, have pointed out there is no such thing as an international patent injunction.

Meanwhile a member of the Orr family, the targets for the Gennfross injunction applications has told the Avocet Shareholders' Forum that they have never been notified that proceedings were being taken against them.

Earlier this week, in an email to potential Gennfros shareholders, the company's chief executive Paul Newsham wrote: "It appears that during next week, we shall obtain our international patent interim injunctions against Mrs. Aileen Orr, Mr. Andrew Orr, and Mr. John Orr. Once secured, we are advised that because Aileen Orr, Andrew Orr, and John Orr are residents of Scotland we need to have such endorsed by the Scottish Courts to ensure such injunctions are fully effective against them. Again, we are advised that all should be perfected during next week.

"Purchase offers from Gennfros Limited’s new investors will first shortly follow to those Gennfros Limited shareholders listed in the new Gennfros Limited Confirmation Statement, thereafter to those who have accepted the gift of the Gennfros Limited share option."

As we reported last week a set of new Articles of Association published last week allows for £24,000 a year honoraria to be paid to Mr Frost and Dr Jennings for fulfilling the role of Life Presidents of Gennfros.

In a Forum post directed at Mr Newsham, a Lancashire-based chartered accountant, the writer claims:". I regret to have to tell you that Frost has mislead (sic) you. There is no such thing as an “international patent” and so, of course, there can be no such thing as the “international patent injunction” that you have indicated is about to be granted.

"Not only is the granting of a patent the prerogative of each separate authority, so too, of course, would be the granting of any and all enforcement measures, including injunctions."

And the poster continues: "Frost has informed us on a number of occasions that without this injunction, the mystery investors will not invest in Gennfros. As options holders are now actively considering whether to exercise their options and buy shares, and as we now know that the claimed international injunction does not exist, the presence (or lack thereof) of the mystery investors and the nature of their intentions are extremely important issues to consider. Can you update us on the status of this important matter?"

Then, in a separate Forum post Aileen Orr states: " With patent disputes you use the dispute resolution procedure first. This is in the Patents Court or the IPEP (Intellectual Property Enterprise Court) part of the business and property court in London. He would still have to issue proceedings as injunctions are ancillary to a substantive action not a stand alone remedy. We have never received a pre-action letter  which is mandatory."

After another Forum member and former Avocet employee approached Mr Newsham for comment, an email apparently written by Mr Frost to the head of Gennfros was forwarded to him. It said: "I confirm that Gennfros will shortly have over 30 new patents (mainly UK) though none is likely to be as valuable as:GENN01GB (Non-explosive) GB Application number: GB2015514.9 Filing date: 30.09.2020 which enables a non-explosive green fuel which is cleaner and cheaper than electricity and has an independent assessed value in excess of £150 million."

In a reference to the patent injunctions Mr Frost writes: "Avocet spent over £3 million in the US & UK in securing Avocet IP Limited's intellectual property. Aileen Orr twice gave written undertakings to Kit Jarvis of Fieldfisher to drop her, Andrew and John's preposterous IP origination claims  - on each occasion she reneged so that is why our new investors are insisting that past undertakings to Avocet are translated into Gennfros injunctions."