`
`
`
`
`
`What is the background regarding Solenis’ corn oil extraction patent?
`Solenis’ corn oil extraction aids, which are marketed as Dimension™ corn oil extraction aids,
`were developed by the company in 2009 when the company operated as Ashland Water
`Technologies. Since that time, Solenis’ invention has enabled numerous ethanol producers in
`North America to increase their corn oil yields, and as a result, improve their profit potential.
`Solenis has invested significant time and money in developing and commercializing its corn oil
`extraction technology.
`
` A
`
` provisional U.S. patent for the technology was first filed in March 2011. The patent (US Patent
`No. US 8,841,469 B2) was subsequently awarded to Solenis on September 23, 2014.
`
`Solenis’ patent covers the use of chemical additives to improve the separation of corn oil in the
`ethanol production process, including the use of variations of the chemical additives described
`in the patent.
`
`What rights does the patent bestow to Solenis?
`The awarding of the patent means that with respect to Solenis’ patented corn oil extraction
`method, Solenis has the right to exclude others from making, using, offering for sale or selling
`the invention throughout the United States.
`
`How do I know if my ethanol plant is affected by Solenis’ patent?
`Solenis’ patent only affects ethanol plants located in the United States. If your plant is located in
`the United States and you are using the chemical additives described in the patent to improve
`the separation of corn oil in your ethanol production process, you are likely affected by the
`patent.
`
`
`
`
`
`Solenis LLC
`500 Hercules Road Wilmington, DE 19808 USA
`
`SOLENIS EXHIBIT 2009
`Hydrite v. Solenis, IPR2015-01592
`
`
`
`
`
`
`
`
`
`What changes can I expect in the coming months?
`If you wish to use a chemical extraction aid described in the patent, you will need to source your
`extraction aid from Solenis. At your request, we will perform a detailed survey of your system
`and will then recommend the optimal corn oil extraction aid for your process. We also offer other
`patented technologies that provide the opportunity to increase your profitability, including scale
`inhibitors, fermentation aids, fermentation antimicrobials, boiler water treatments and cooling
`water treatments.
`
`Has Solenis notified other extraction aid suppliers about its patent?
`Yes. We have notified other extraction aid suppliers about our patent and have requested that
`they immediately cease and desist selling the chemical additives described in the patent to
`ethanol producers for the use described in the patent. Even if you are not contacted by your
`current supplier, the patent still excludes you from using a chemical extraction aid as defined in
`the patent without Solenis’ permission. A local Solenis field representative will contact you in the
`next few weeks to discuss your transition to Solenis’ patented technology.
`
`Will there be a price increase?
`Although we have invested significantly in developing and commercializing our corn oil
`extraction technology, we do not intend to increase prices simply because we have a patent.
`Our policy always has been, and always will be, to price our programs based on the value we
`generate for each of our customers. And this is no different than with our corn oil extraction aids,
`which are competitively priced.
`
`Do I need to stop using my current corn oil extraction aid product right away?
`No. We will work with you on a transition plan that takes into account your current supply and
`then switch you to our technology at an appropriate time.
`
`Is Solenis’ product offering comparable to the offerings of other suppliers, particularly in
`regard to custom-formulated products?
`Yes. Our product offering includes standard product formulations as well as custom-formulated
`products. Your Solenis field representative will talk with you about your specific needs and will
`recommend a product that performs the same or better than the product you are currently using.
`
`
`Solenis LLC
`500 Hercules Road Wilmington, DE 19808 USA
`
`Page 2 of 4
`
`
`
`
`
`
`
`
`
`How will Solenis confirm that its recommended extraction aid performs as well as or
`better than the product I am currently using?
`Solenis will perform a detailed survey of your system and then recommend the optimal corn oil
`extraction aid for your process. With your permission, and at a time convenient to you, we will
`conduct a trial to validate the performance of our product in your system. During the trial, we will
`monitor the performance of our program compared to your prior program to ensure your
`satisfaction.
`
`What if Solenis’ recommended extraction aid does not initially produce satisfactory
`results?
`We are not aware of any competing product that will deliver a better yield than our Dimension™
`corn oil extraction aids. However, in the unlikely event that our recommended product does not
`meet your expectations, we will be more than glad to have one of our applications specialists
`evaluate your program for additional optimization opportunities.
`
`Does Solenis offer Kosher-certified products?
`Yes. We offer Kosher-certified products.
`
`Is Solenis considering licensing its technology to other chemical suppliers?
`We do not intend to offer licensing options to other suppliers.
`
`Does Solenis plan to take legal action against ethanol producers that practiced the corn
`oil extraction method in the past?
`We do not intend to take legal action against ethanol producers that practiced the corn oil
`extraction method in the past. However, moving forward, we will defend our intellectual property,
`including patent rights, in any manner we deem appropriate to protect any actual or potential
`violation of those rights.
`
`Will Solenis charge ethanol producers retroactive licensing fees for past practice of the
`corn oil extraction method?
`We do not intend to charge ethanol producers retroactive licensing fees for past practice of the
`corn oil extraction method.
`
`
`Solenis LLC
`500 Hercules Road Wilmington, DE 19808 USA
`
`Page 3 of 4
`
`
`
`
`
`
`
`
`
`Will Solenis allow other suppliers to distribute Dimension™ corn oil extraction aids?
`While it is our intention to be the primary supplier of our Dimension™ corn oil extraction aids, we
`may consider allowing a limited number of other suppliers to distribute our extraction aids.
`
`What is Solenis’ typical turnaround time for corn oil extraction aid product orders?
`Historically we have operated on a 10-business-day lead time for the majority of the products
`we offer. Our goal is to continue our 10-day lead time for our corn oil extraction aids.
`
`What are benefits of working with Solenis?
`Solenis a leading supplier to the ethanol industry and offers a variety of innovative technologies
`that address a wide range of customer needs. Our state-of-the-art product portfolio for ethanol
`producers includes process aids, water treatment chemistries, and monitoring and control
`systems. Working with Solenis comes with the opportunity to improve your profit potential by
`increasing production, improving product quality and reducing operating costs.
`
`We are fully committed to the ethanol industry and have invested heavily in our people, R&D
`initiatives and supply chain to help ensure we meet or exceed your expectations. Moving
`forward, all of our actions are focused on growing our relationship with you and delivering
`trusted solutions to your company.
`
`If I want to speak with someone at Solenis now, who should I contact?
`If you have a question or concern and would like to speak with someone now, please feel free to
`contact Jennifer Bailey, global strategic product director at Solenis. Jennifer may be reached by
`phone at (514) 884-4876 or by email at jabailey@solenis.com
`
`
`
`Revised 10-20-15
`
`Solenis LLC
`500 Hercules Road Wilmington, DE 19808 USA
`
`Page 4 of 4