UPDATE: Latest Tiltex Press Release
TILTEX PERFORMANCE DATA MISLEADING, TILTEX US DISTRIBUTOR PAYS SUBSTANTIAL DAMAGES IN FALSE ADVERTISING CASE BUT OTHER DISTRIBUTORS CONTINUE PUBLISHING MISLEADING DATA
12 DECEMBER 2023
Tiltex is manufactured by Eurobent Sp. z.o.o. (“Eurobent”) and distributed in the US by Inland Tarp & Liner, LLC (“ITL”) under the brand name ITL RCR®.
On 29th December 2022 a consent judgment was ordered by Judge Rosenthal of the United States District Court for the Southern District of Texas, In addition to a payment of a substantial sum by ITL® (a distributor of Tiltex in the US) to Concrete Canvas® and an injunction requiring ITL® to only use technical data obtained using unmodified test standards for the GCCM properties in ASTM D8364 (Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials). The consent judgment also confirmed that ITL® had published and supplied false and misleading performance data to its customers. Eurobent had supplied ITL® with the false data and instructed a test house to modify standards in a way which substantially increase the compressive strength and bending strength of the Tiltex (branded ITL RCR®) samples tested.
Despite the above consent judgment confirming that ITL®’s advertising of Compressive Strength and Bending Strength, of ITL RCR® (Tiltex) were false and misleading (all of which were based on Tiltex performance data supplied by Eurobent to ITL® or testing commissioned by ITL® that was modified on the instruction of Eurobent), distributors of Tiltex® outside the US continue to publish the same or similarly misleading data (as of 22 November 2023) including the following properties from data sheets issued by other Tiltex distributors (Soprema and Curtis Barrier):
a. Advertise Compressive Strengths using a standard designed for mortars (ASTM C109-1), which does not describe how to measure the compressive strength of a GCCM. Specifically, this standard does not measure the water to cementitious powder ratio as controlled by the GCCM, allowing testing at very low water to powder ratios that will yield higher compressive strength values. In the consent judgment it is confirmed that in 2020, when ITL retained a US laboratory to test ITL RCR®, Eurobent instructed the lab to modify preparation of the GCCM test material. Eurobent instructed the lab to prepare samples of cementitious material using an artificially low water to cementitious material ratio of 0.18 (rather than using ASTM D8329), as this would give much higher strengths. The lab followed these instructions (i.e., it did not determine the ratio using ASTM D8329 and instead prepared samples using a ratio of 0.18) and reported that samples cured for 28 days at this artificially low water to powder ratio had an average compressive strength of 49.8 MPa (7,222 psi). Eurobent had advised ITL® that ASTM D8329 would determine a water to cementitious material ratio of 0.53 for ITL RCR® and that it would have resulted in much lower compressive strength values. Eurobent’s distributors continue to publish data purporting to show a compressive strength of 40MPa and in one example 80MPA (the test standard is not specified). A 28-day Compressive Strength of only 27.2MPa was obtained when, as part of the US litigation, Concrete Canvas commissioned TRI to conduct compressive testing to ASTM D8329 on samples of RCR® (Tiltex) supplied by ITL®.
b. Advertise bending strengths and durability data using PN EN12467 whose scope is limited to pre-set cement flat sheets used for “wall and ceiling finishes”. This standard is not for testing materials used in erosion control. In particular, EN12467 is for testing factory hardened flat sheet material therefore it does not specify how GCCM samples must be set. Consequently, manufacturers submit pre-hardened samples for the tests. These samples can be prepared with a very low water to powder ratio in order to achieve unrepresentatively high-performance results. In the consent judgment it is confirmed that in 2020, when ITL® retained a US laboratory to test ITL RCR®, Eurobent instructed the lab to modify the preparation of GCCM samples from the method required by ASTM D8030 (Standard Practice for Sample Preparation for GCCM). Instead of hydrating the samples by immersion for the specified 24 hours, Eurobent instructed the lab to be “careful that there is not too much water,” and provided specific (lower) amounts of water for hydrating the samples. This results in samples that have significantly better performance in bending and durability tests. The labs’ test report stated that it used D8030, “modified per manufacturer’s directions” to prepare samples for its testing of ITL RCR® (Tiltex).
c. This data is supplied to customers directly in documents called Soprema Technical Datasheet TILTEX/TILTEX PLUS and on the Tiltex North America Website.
The only internationally recognised GCCM specification standard is ASTM D8364 Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials. This standard specifies for all testing of cured GCCMs how the samples must be prepared including crucially how they should be hydrated. This is because using a lower water to powder ratio than is typically obtainable in field use will result in unrealistically high-performance data.
The consent judgment confirmed that ITL®’s advertising of Compressive Strength and Bending Strength, of ITL RCR® (Tiltex) were false and misleading (all of which were based on Tiltex performance data supplied by Eurobent to ITL® or testing commissioned by ITL® that was modified on the instruction of Eurobent).
The results of testing samples of ITL RCR® (Tiltex) to unmodified GCCM specific ASTM’s, as specified in ASTM D8364 and conducted by TRI Environmental showed that the performance of the ITL RCR® (Tiltex) samples tested did not reach the minimum performance values required for a Type I, II or III application of a GCCM when tested in accordance with the standards and criteria in the ASTM GCCM Specification standard D8364. Type I applications have the lowest requirements and include but are not limited to: erosion control, weed suppression, slope protection, berm protection, and remediation of concrete hydraulic structures. Type II GCCM applications would include all Type I applications, and applications that would have abrasion and wear requirements greater than Type I. Type II GCCM applications include but are not limited to: channel lining, berm protection, armouring, slope protection (any angle and run length), culvert invert lining and concrete overlay, and remediation of concrete hydraulic structures and Type III GCCM applications include all Type I and Type II applications that require additional flexural strength of the GCCM material due to unsuitable (that is, loose) subgrades.
It is the opinion of Concrete Canvas that specifiers and engineers rely on published engineering performance values when designing hydraulic structures and therefore expect GCCM’s to achieve the published performance values in actual use.
Concrete Canvas invented GCCM’s and has been developing GCCM’s for nearly 20 years. Concrete Canvas’s patented GCCM’s are engineered to control the water to powder ratio when sprayed or submerged. This control is achieved by using Concrete Canvas’s proprietary production technology. Concrete Canvas’ GCCM’s are tested using the GCCM specific standards prescribed by ASTM D8364 (Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials). This ensures that the properties obtained are from samples that have been prepared as specified in ASTM D8030 (GCCM Sample Preparation) and ASTM D8329 (GCCM Compressive Strength) and that Concrete Canvas’s GCCM’s can be safely specified for Type 1, 2 or 3 GCCM applications based on properties obtained from reputable third-party testing to unmodified GCCM standards.
ASTM D8364 (Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials) prescribes appropriate GCCM test standards. This standard ensures that the key properties of GCCM’s can be compared fairly and that specifiers can select GCCM’s with the appropriate performance for given hydraulic and erosion control applications. For example, ASTM D8364 (GCCM Specification) prescribes that ASTM D8329 (GCCM Compressive Strength) must be used for the measurement of compressive strength in GCCM’s. The ASTM D8329 standard first measures the actual water to powder ratio of the GCCM after hydration, then requires the compressive testing to be undertaken at this ratio. In order for a GCCM to perform consistently in the field it must consistently control the water to powder ratio at a sufficiently low level in order to reliably achieve the high cementitious properties, in installed use, that are required for erosion control and hydraulic civil engineering applications.
CONCRETE CANVAS® PRESS RELEASES FACTUAL – READ THE ITL® JUDGMENT IN FULL – EUROBENT (TILTEX MANUFACTURER) MODIFIED STANDARDS
31 JULY 2023
All of Concrete Canvas’s recent press releases concerning Eurobent’s misleading use of modified standards are factual. They report information obtained when Concrete Canvas Ltd and its U.S. subsidiary Concrete Canvas US, Inc. (collectively “Concrete Canvas”) sued Inland Tarp & Liner, LLC (“ITL”) who distribute Tiltex for Eurobent in the U.S. under the trade names “ITL Reinforced Concrete Roll” and “ITL RCR®” for false advertising.
The information in the press releases is confirmed in the consent judgment that was ordered by Judge Rosenthal of the United States District Court for the Southern District of Texas on 29 December 2022. The full text of the consent judgement is available here:
Why it is important to test GCCM’s using standards designed for GCCM’s.
GCCM standards require samples to be tested or prepared to achieve the water to powder ratio they control to in actual use. This is important because the strength of a concrete mix will decrease as the water-cement ratio increases (Abrams Law). Too much water will result in weak concrete.
In Eurobent’s most recent press release, Eurobent confirmed that they informed ITL it should test the Tiltex cement mix at a water to powder ratio of only 0.18 (0.18 litres of water per 1kg). This is an artificially low ratio; in fact, in use, Eurobent recommends a much higher ratio: “0.5 litres of water per 1kg of Tiltex mat”. Testing a cementitious mix at a water to powder ratio of 0.18 will give much better properties than at 0.5. The consent judgment confirms that when Eurobent tested the water to powder ratio in Tiltex to ASTM D8329, it determined it was 0.53. Eurobent then instructed ITL not to use this ratio in testing and instead to test at the much lower ratio of only 0.18. ITL then published the results from testing at the ratio of 0.18. As well as other remedies the judgement includes an injunction that prohibits ITL from continuing to publish the results it obtained by testing ITL RCR (Tiltex) at a water to powder ratio of 0.18 and requires them to only publish results obtained using the unmodified standards where prescribed in ASTM D8364. Despite the consent judgement Eurobent continues to use and modify non GCCM standards in order to obtain test results for example by using the same 0.18 ratio for their testing that ITL is now prohibited from using because it was misleading.
It is the opinion of Concrete Canvas that specifiers and engineers rely on published engineering performance values when designing hydraulic structures and therefore expect GCCM’s to achieve the published performance values in actual use.
Concrete Canvas pioneered GCCM’s and has been developing GCCM’s for nearly 20 years. Concrete Canvas’s patented GCCM’s are engineered to control the water to powder ratio when sprayed or submerged. This control is achieved by using Concrete Canvas’s proprietary production technology. Concrete Canvas’ GCCM’s are tested using the GCCM specific standards prescribed by ASTM D8364 (Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials). This ensures that the properties obtained are from samples that have been prepared as specified in ASTM D8030 (GCCM Sample Preparation) and ASTM D8329 (GCCM Compressive Strength) and that Concrete Canvas’s GCCM’s can be safely specified for Type 1, 2 or 3 GCCM applications based on properties obtained from reputable third-party testing to unmodified GCCM standards.
ASTM D8364 (Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials) prescribes appropriate GCCM test standards. This standard ensures that the key properties of GCCM’s can be compared fairly and that specifiers can select GCCM’s with the appropriate performance for given hydraulic and erosion control applications. For example, ASTM D8364 (GCCM Specification) prescribes that ASTM D8329 (GCCM Compressive Strength) must be used for the measurement of compressive strength in GCCM’s. The ASTM D8329 standard first measures the actual water to powder ratio of the GCCM after hydration, then requires the compressive testing to be undertaken at this ratio. In order to perform consistently in the field, a GCCM must consistently control the water to powder ratio at a sufficiently low level. This is necessary to reliably achieve the high cementitious properties, in installed use, that are required for erosion control and hydraulic civil engineering applications.
EUROBENT (TILTEX) OVERSTATED COMPRESSIVE STRENGTH BY MORE THAN 300%
27 MARCH 2023
In the consent judgment ordered by Judge Rosenthal of the United States District Court for the Southern District of Texas, on 29th December 2022, it was confirmed that Inland Tarp & Liner, LLC (“ITL®”) (a distributor of Tiltex, sold under the alternative brand ITL RCR®) had published and supplied false and misleading performance data, including compressive strength values to their customers. Eurobent had supplied ITL with some of the false data.
The only standard specifically for testing the compressive strength of GCCMs is ASTM D8329 “Standard Test Method for Determination of Water/Cementitious Materials Ratio for Geosynthetic Cementitious Composite Mats (GCCMs) and Measurement of the Compression Strength of the Cementitious Material Contained Within.”
In 2020, ITL® advertised false data about the physical properties of ITL RCR®, based on data about the physical properties of Tiltex supplied by Eurobent. For example, Eurobent supplied ITL® with Tiltex compressive strength data, purportedly based on testing that included preparing samples by combining water with Tiltex’s cementitious material at a ratio of 0.18, curing the samples, and measuring the compressive strength of the samples according to the European standard PN-EN-196-1:2016-07. The Eurobent data indicated that after a 28-day cure, the samples had a compressive strength of 84.9 MPa (12,313 psi).
In general, a lower water to cementitious material ratio will achieve a higher compressive strength, Abrams Law (for a specified set of concreting materials, the strength of the concrete is exclusively based on the relative quantity of water relative to the cement). When hydrating ITL RCR® (Tiltex) at an installation site per ITL’s instructions, it is typically not feasible to obtain a water to cementitious material ratio of 0.18. Instead, a higher ratio is obtained. When, as part of the Texas case, Concrete Canvas® commissioned an independent laboratory, TRI Environmental, to test ITL RCR®-7 in accordance with ASTM D8329, TRI reported a water to cementitious material ratio of 0.39 and a compressive strength of only 27.2 MPa (3,945 psi) after a 28-day cure.
Eurobent had claimed in the data it supplied to ITL that Tiltex has a compressive strength three times the compressive strength obtained by the independent laboratory, TRI Environmental.
ITL® did not independently verify the data it received from Eurobent, including the compressive strength data, prior to advertising based on the data. Instead, ITL® advertised that, after a 28-day cure, ITL RCR® has a compressive strength of 84.9 MPa and 12,313 psi when testing according to the standard ASTM C109-02. The Eurobent data was false and the advertisements were misleading. because: (a) the data provided by Eurobent was based on testing that included preparing samples that have a water to cementitious material ratio of 0.18, which resulted in significantly overstating the compressive strength; and (b) the data provided by Eurobent was not based on testing to the standard ASTM C109-02.
The testing conducted by TRI Environmental on samples of ITL RCR® (Tiltex) during the litigation process showed that the performance of the ITL RCR® (Tiltex) samples tested did not reach the minimum performance values required for a Type I, II or III application of a GCCM when tested in accordance with the standards and criteria in the ASTM D8364 Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials.
Type I applications have the lowest requirements and include but are not limited to: erosion control, weed suppression, slope protection, berm protection, and remediation of concrete hydraulic structures. Type II GCCM applications would include all Type I applications, and applications that would have abrasion and wear requirements greater than Type I. Type II GCCM applications include but are not limited to: channel lining, berm protection, armouring, slope protection (any angle and run length), culvert invert lining and concrete overlay, and remediation of concrete hydraulic structures and Type III GCCM applications include all Type I and Type II applications that require additional flexural strength of the GCCM material due to unsuitable (that is, loose) subgrades.
WARNING: DESPITE ITL LOSING TEXAS CASE, EUROBENT STILL USES NON-GCCM PERFORMANCE DATA FOR TILTEX
13 MARCH 2023
In the consent judgment ordered by Judge Rosenthal of the United States District Court for the Southern District of Texas, on the 29th December 2022, it was confirmed that ITL® (a distributor of Tiltex) had published and supplied false and misleading performance data to its customers. Eurobent had supplied ITL® with the false data and also instructed a test house to modify standards in a way which substantially increase the compressive strength and bending strength of the Tiltex (branded ITL RCR®) samples tested.
The only internationally recognised GCCM specification standard is ASTM D8364 Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials. This standard specifies for all testing of cured GCCMs how the samples must be prepared including crucially how they should be hydrated. This is because using a lower water to powder ratio than is typically obtainable in field use will result in unrealistically high-performance data.
Despite the above consent judgment confirming that ITL®‘s advertising of Compressive Strength and Bending Strength, of ITL RCR® (Tiltex) were false and misleading (all of which were based on Tiltex performance data supplied by Eurobent to ITL® or testing commissioned by ITL® that was modified on the instruction of Eurobent), Eurobent continues to (as of 11th January 2023):
a. Advertise bending strengths and durability data using PN EN12467: 2016-085.5.3, a standard (that was withdrawn in 2018) whose scope is limited to pre-set cement flat sheets used for “wall and ceiling finishes”. This standard was not for testing materials used in erosion control. In particular, EN12467 is for testing factory hardened flat sheet material therefore it does not specify how GCCM samples must be set. Consequently, manufacturers submit pre-hardened samples for the tests. These samples can be prepared with a very low water to powder ratio in order to achieve unrepresentative high-performance results. In the consent judgment it is confirmed that in 2020, when ITL® retained a US laboratory to test ITL RCR®, Eurobent instructed the lab to modify the preparation of GCCM samples from the method required by ASTM D8030 (Standard Practice for Sample Preparation for GCCM). Instead of hydrating the samples by immersion for the specified 24 hours, Eurobent instructed the lab to be “careful that there is not too much water,” and provided specific (lower) amounts of water for hydrating the samples. This results in samples that have significantly better performance in bending and durability tests. The labs’ test report stated that it used D8030, “modified per manufacturer’s directions” to prepare samples for its testing of ITL RCR® (Tiltex).
b. Advertise Compressive Strengths using a standard designed for mortars (PN EN196-1), which does not describe how to measure the compressive strength of a GCCM. Specifically, this standard does not measure the water to cementitious powder ratio as controlled by the GCCM, allowing testing at very low water to powder ratios that will yield higher compressive strength values. In the consent judgement it is confirmed that in 2020, when ITL® retained a US laboratory to test ITL RCR®, Eurobent instructed the lab to modify preparation of the GCCM test material.Eurobent instructed the lab to prepare samples of cementitious material using an artificially low water to cementitious material ratio of .18 (rather than using ASTM D8329), this would give much higher strengths. The lab followed these instructions (i.e., it did not determine the ratio using ASTM D8329 and instead prepared samples using a ratio of .18) and reported that samples cured for 28 days at this artificially low water to powder ratio had an average compressive strength of 49.8 MPa (7,222 psi). Eurobent had advised ITL® that ASTM D8329 would determine a water to cementitious material ratio of .53 for ITL RCR® and that it would have resulted in much lower compressive strength values. Eurobent continue to claim a compressive strength of 40MPa. The 28-day Compressive Strength of only 27.2MPa was obtained when, as part of the US litigation, Concrete Canvas commissioned TRI to conduct compressive testing to ASTM D8329 on samples of ITL RCR® (Tiltex).
c. This data is supplied to customers directly in documents called Tiltex Drop IN, Tiltex vs. CC comparison and on a Technical Datasheet (T12) that is not published on the Tiltexsystem.com website. There is an unrelated ongoing patent infringement case in Poland in which Concrete Canvas Technology Ltd. is suing Eurobent for patent infringement. In its judgment of 11th February 2021, The District Court in Świdnica (Poland) held Eurobent to have violated a preliminary injunction on 18 occasions, ordering it to pay a substantial compulsory sum of PLN 4,500,000 (€1,000,000), a record amount for this type of case in the Polish Courts, to Concrete Canvas Technology Ltd. It was also notable that Eurobent refused to comply with an earlier court order to supply financial and other records. The District Court also found Eurobent’s grounds for this further violation of a court order to be without merit. Eurobent appealed this order and the court in the 2nd Instance rejected Eurobent’s appeal on 14 September 2021. The decision is final and cannot be appealed.
The results of testing samples of ITL RCR® (Tiltex) during the litigation process, to unmodified GCCM specific ASTM’s, as specified in ASTM D8364 and conducted by TRI Environmental showed that the performance of the ITL RCR® (Tiltex) samples tested did not reach the minimum performance values required for a Type I, II or III application of a GCCM when tested in accordance with the standards and criteria in the GCCM Specification standard ASTM D8364. Type I applications have the lowest requirements and include but are not limited to: erosion control, weed suppression, slope protection, berm protection, and remediation of concrete hydraulic structures. Type II GCCM applications would include all Type I applications, and applications that would have abrasion and wear requirements greater than Type I. Type II GCCM applications include but are not limited to: channel lining, berm protection, armouring, slope protection (any angle and run length), culvert invert lining and concrete overlay, and remediation of concrete hydraulic structures and Type III GCCM applications include all Type I and Type II applications that require additional flexural strength of the GCCM material due to unsuitable (that is, loose) subgrades.
CONCRETE CANVAS® LITIGATION VICTORY ITL (TILTEX DISTRIBUTOR) SETTLES U.S. FALSE ADVERTISING CASE WITH SIGNIFICANT PAYMENT AND INJUNCTION
27 FEBRUARY 2023
Concrete Canvas Ltd and its U.S. subsidiary Concrete Canvas US, Inc. (collectively “Concrete Canvas”) have reached a settlement following the initial discovery phase of their lawsuit filed in the U.S. District Court (Southern District of Texas, Houston Division) against Inland Tarp & Liner, LLC (“ITL”) who distribute Tiltex in the U.S. under the trade names ITL Reinforced Concrete Roll and ITL RCR®.
In addition to a payment of a substantial sum by ITL to Concrete Canvas®, a consent judgment was ordered by Judge Rosenthal of the United States District Court for the Southern District of Texas on 29 December 2022. The judgment included an injunction that ITL® must:
permanently remove misleading information from their website and other advertising, including ceasing use of the following four datasheets that claimed false and misleading performance data:
1) Technical Data
2) ITL® Reinforced Concrete Roll® ITL RCR® At Work
3) “Premium Quality Built to Last” Reinforced Concrete Roll® Technical Data Sheet
4) “Premium Quality Built to Last” Reinforced Concrete Roll® Technical Data Sheet (revised 8.29.2022)
only use performance data for the key performance values set out in ASTM D8364 Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials that are supported by unmodified GCCM specific test methods determined by an independent third-party laboratory.
ITL RCR® is manufactured by Eurobent Sp. z.o.o. (“Eurobent”) in Poland and its subsidiary Thrace Eurobent in Greece and is sold under multiple brands including ITL RCR® and Tiltex. Eurobent, the Manufacturer of ITL RCR® (Tiltex), was not included as a party to the US case.
Eurobent supplied some of the false and misleading data used by ITL, and Eurobent and some of its distributors continue to promote Tiltex using similar misleading data. This data is from standards that were not designed for testing GCCMs. Additionally, Eurobent’s sales partners also continue to promote Tiltex by claiming values to ASTM standards, when in fact the standards were modified to give significantly higher performance values, with no explanation that the changes to the test method will substantially improve the numerical values obtained in a way that is not representative of the intended use. Both of these data sources were used in ITL’s datasheets that are now subject to an injunction following the consent judgment and are no longer used by ITL.
The US case concerned claims published by ITL with respect to product performance of ITL RCR® (Tiltex), including claims with respect to the compressive strength, sample preparation, flexural strength and tensile strength which Concrete Canvas® has established are false and misleading, causing Concrete Canvas® injury and damage, including by damaging the reputation of GCCMs within the market.
It should also be noted that the results of testing commissioned by Concrete Canvas and conducted by TRI Environmental on samples of ITL RCR® (Tiltex) during the litigation process showed that the performance of the ITL RCR® (Tiltex) samples tested did not reach the minimum performance values required for a Type I, II or III application of a GCCM when tested in accordance with the standards and criteria in the ASTM D8364 Standard Specification for Geosynthetic Cementitious Composite Mat (GCCM) Materials. Type I applications have the lowest requirements and include but are not limited to: erosion control, weed suppression, slope protection, berm protection, and remediation of concrete hydraulic structures. Type II GCCM applications would include all Type I applications, and applications that would have abrasion and wear requirements greater than Type I. Type II GCCM applications include but are not limited to: channel lining, berm protection, armouring, slope protection (any angle and run length), culvert invert lining and concrete overlay, and remediation of concrete hydraulic structures and Type III GCCM applications include all Type I and Type II applications that require additional flexural strength of the GCCM material due to unsuitable (that is, loose) subgrades.
CONCRETE CANVAS CORRECTS MISLEADING INFORMATION CONCERNING PATENT INFRINGEMENT PROCEEDINGS IN RESPECT OF TILTEX®
7 OCTOBER 2022
For the record, Concrete Canvas wishes to correct materially misleading statements contained within a recent Press Release dated 3 October 2022 issued by Eurobent Sp zoo (Eurobent) in the matter of ongoing legal proceedings between Concrete Canvas and Eurobent.
In particular, the press release states that all judicial barriers against Eurobent’s manufacturing and selling its products, including ‘Titlex’ (sic.) and ‘Tiltex Plus’ have been eliminated. This is misleading.
First, Concrete Canvas’ patent infringement proceedings brought against Eurobent for infringement of PL/EP2027319 are ongoing. Concrete Canvas has appealed the decision of the first instance court and is very confident that its appeal will be successful and that Eurobent will ultimately be found to have infringed PL/EP2027319. At that point Concrete Canvas will be entitled to damages and final injunctive relief irrespective of the fact that Concrete Canvas took a commercial decision not to appeal the recent removal of the original preliminary injunction. Concrete Canvas identified serious factual and legal errors in the decision of the first instance court. Crucially the Legnica court made a decision without waiting for the written grounds of the decision of the Polish Patent Office (PPO) in Warsaw. The PPO’s expert judgement contradicts the basis of the Legnica Court’s judgement.
Second, the proceedings in question concern alleged infringing activity within Poland, where Tiltex was manufactured at the time the original proceedings were instituted. The validity of PL/EP2027319 was upheld by the PPO who, after a third and final hearing, agreed with the European Patent Office that the invention is both novel and inventive over the existing prior art, and remains enforceable in Poland, Germany, Great Britain and other countries where EP2027319 has been validated.
Third, the press release gives the impression that all of Eurobent’s products, current and future, are now free from judicial barriers of any kind. This suggests Concrete Canvas is prevented from bringing any separate proceedings under patents or other theory of law in respect of any Eurobent’s products anywhere in the world now or in the future. This statement is plainly false. Concrete Canvas is under no limitation which limit its ability to enforce any of its other patents or other legal rights in any jurisdiction where it enjoys legal rights, where appropriate circumstances arise, including with respect to Tiltex® and Tiltex Plus®. We would remark that EP2027319 is but one family of a large portfolio of patents protecting Concrete Canvas’ technology across Europe and elsewhere, including European patents that have granted in the last 12 months with broad coverage of GCCM technologies. Indeed, as previously reported, Concrete Canvas Ltd and its U.S. affiliate Concrete Canvas USA, Inc. have issued legal proceedings in the US District Court (Southern District of Texas, Houston Division) against Inland Tarp and Liner, LLC concerning advertisements published by Inland Tarp with respect to performance of Inland Tarp’s product, ITL Reinforced Concrete Roll® (ITL RCR), including claims with respect to the compressive strength and flexural strength, which Concrete Canvas alleges are false and misleading causing Concrete Canvas injury and damage, including by damaging the reputation of GCCMs within the market. The products concerned are identical to Tiltex™ 7 and 12, and are supplied by Thrace Eurobent SA, was previously provided by Eurobent and is offered for sale in North America under the brand name ITL RCR.
Further information on Concrete Canvas Technology’s patents and trademarks can be found at:
https://www.concretecanvas.com/patent-trademark-info/
CONCRETE CANVAS TAKES FIGHT AGAINST TILTEX MANUFACTURER EUROBENT TO COURT OF SECOND INSTANCE IN WARSAW
5 AUGUST 2022
Recent press releases issued by Eurobent Sp z o.o. (Eurobent) have declared victory in Concrete Canvas’ patent infringement proceedings brought against Eurobent for infringement of PL/EP2027319. The Regional Court in Legnica has now issued written grounds. Following careful analysis of the written judgement Concrete Canvas is firmly of the opinion that serious factual and legal errors have been made. Crucially the Legnica court made a decision without waiting for the written grounds of the decision of the Polish Patent Office (PPO) in Warsaw. The PPO’s expert judgement contradicts the basis of the Legnica Court’s judgement. Concrete Canvas has therefore lodged an appeal with the court of second instance. Concrete Canvas is confident that the appeal will be successful and Eurobent will be found to have infringed PL/EP2027319
Importantly, the validity of PL/EP2027319 was upheld at the PPO who, after a third and final hearing, agreed with the European Patent Office that the invention is both novel and inventive over the existing prior art. The patent’s validity has been upheld and remains enforceable in Poland as well as Germany and other countries where EP2027319 has been validated.
In separate proceedings, and following two unsuccessful appeals, Eurobent was forced to pay a compulsory sum of PLN 4,500,000 (approx. €1,000,000) to Concrete Canvas Technology Ltd. For willfully violating a court order regarding a preliminary injunction in place in Poland. It remains Concrete Canvas’s opinion that, independent of the outcome of any appeal regarding the above patent infringement and regardless of the continued existence of any preliminary injunction, this fine for deliberate breach of a court order will not be recoverable by Eurobent.
As the originator of the GCCM class of goods, Concrete Canvas has more than fifteen years of unparalleled investment in R&D to ensure that its GCCM remain best in class and exceed minimum standards laid down for GCCMs by ASTM D8364 (Standard Specification for GCCM Materials) which is the standard that should be used for the measurement of GCCM performance attributes. Separately, Concrete Canvas Ltd and its U.S. affiliate Concrete Canvas USA, Inc. have issued legal proceedings in the US District Court (Southern District of Texas, Houston Division) against Inland Tarp and Liner, LLC concerning advertisements published by Inland Tarp with respect to product performance of Inland Tarp’s product, ITL Reinforced Concrete Roll® (ITL RCR), including claims with respect to the compressive strength and flexural strength, which Concrete Canvas alleges are false and misleading causing Concrete Canvas injury and damage, including by damaging the reputation of GCCMs within the market. The product concerned is identical to Tiltex™, is supplied by Thrace Eurobent SA and was previously provided by Eurobent and is offered for sale in North America under the brand name ITL RCR.
Concrete Canvas wish to reiterate that they will robustly seek to enforce their intellectual property rights where they are being infringed by a manufacturer, distributor or otherwise. Such enforcement will occur at a time and in a jurisdiction where Concrete Canvas can best accomplish its objectives. Patents exist to protect and encourage investment in innovation. It is in all of our interests to respect the law, including patent law. Further information on Concrete Canvas Technology’s patents and trademarks can be found at: https://www.concretecanvas.com/patent-trademark-info/
TILTEX™ MANUFACTURER EUROBENT FORCED TO PAY RECORD €1,000,000 TO CONCRETE CANVAS AFTER FINAL APPEAL FAILS
28 FEBRUARY 2022
Eurobent Sp.z.o.o.’s second and final appeal against the order of a Polish court to pay a compulsory sum of PLN 4,500,000 (€1,000,000) to Concrete Canvas Technology Ltd. has been rejected on the merits by the court in the 2nd instance in Świdnica. The decision is final and cannot be appealed and the sum of PLN 4,500,000 (€1,000,000) became due for payment following the final written decision issued by the court.
Eurobent is the manufacturer of Tiltex™ (a sand cement filled GCL marketed as a GCCM). Tiltex™ is also marketed by other companies under their own branding.
Pursuant to patent infringement proceedings instituted by Concrete Canvas Technology Ltd. against Eurobent in Poland for infringement of patent PL/EP 2027319, Eurobent has been restrained by preliminary injunction from manufacturing, offering and marketing Tiltex™ for sale in Poland since April 2018. The preliminary injunction remains in force and it is illegal to manufacture Tiltex™ in Poland.
Notwithstanding the preliminary injunction being in place, Concrete Canvas Technology Ltd. filed evidence of 21 instances of Eurobent ignoring the preliminary injunction by continuing to ship orders from its factory in Poland.
In its judgment of 11th February 2021, The District Court in Świdnica accepted most of Concrete Canvas Technology’s evidence and held Eurobent to have violated the preliminary injunction on 18 occasions, ordering it to pay a substantial compulsory sum of PLN 4,500,000 (€1,000,000), a record amount for this type of case in the Polish Courts, to Concrete Canvas Technology Ltd. It was also notable that Eurobent refused to comply with an earlier court order to supply financial and other records. The District Court also found Eurobent’s grounds for this further violation of a court order to be without merit. Eurobent appealed this order and the court in the 2nd Instance has rejected Eurobent’s appeal on 14 September 2021. The decision is now final and cannot be appealed.
In a separate action Eurobent also lost its challenge to the validity of Concrete Canvas’s patent PL/EP 2027319 (the subject of the infringement proceedings) at the Polish Patent Office (PPO). After a third and final hearing the PPO rejected Eurobent’s arguments and agreed with the European Patent Office that the invention is both novel and inventive over the existing prior art. The patent’s validity has been upheld.
The main patent infringement action against Eurobent continues.
Concrete Canvas wish to reiterate that they will robustly seek to enforce their intellectual property rights where they are being infringed by a manufacturer, distributor or otherwise. Such enforcement will occur at a time and in a jurisdiction where Concrete Canvas can best accomplish its objectives. Patents exist to protect and encourage investment in innovation. It is in all of our interests to respect the law, including patent law. Further information on Concrete Canvas Technology’s patents and trademarks can be found at: https://www.concretecanvas.com/patent-trademark-info/
FALSE ADVERTISING AND UNFAIR COMPETITION CLAIM FILED IN RESPECT OF PRODUCT CLAIMS FOR ITL REINFORCED CONCRETE ROLL® (BRANDED TILTEX 7™ IN OTHER TERRITORIES)
21 FEBRUARY 2022
Concrete Canvas Ltd and its U.S. affiliate Concrete Canvas USA, Inc. (collectively “Concrete Canvas”) have today filed a Complaint in U.S. District Court (Southern District of Texas, Houston Division) against Inland Tarp & Liner, LLC (“Inland Tarp”). The Complaint concerns advertisements published by Inland Tarp with respect to product performance of Inland Tarp’s product, ITL Reinforced Concrete Roll® (“ITL RCR”), including claims with respect to the compressive strength and flexural strength, which Concrete Canvas alleges are false and misleading causing Concrete Canvas injury and damage, including by damaging the reputation of GCCM’s within the market.
The product concerned is provided to Inland Tarp by Thrace Eurobent SA and was previously provided by Eurobent Sp ZOO (“Eurobent”), the makers of Tiltex™, and is offered for sale under the brand name ITL Reinforced Concrete Roll®.
Concrete Canvas Technology (“CCT”) also has previously instituted unrelated proceedings against Eurobent which is a Polish company related to Thrace Eurobent, for infringement of CCT’s patent PL/EP 2027319. Eurobent has been restrained by preliminary injunction from manufacturing Tiltex™ in Poland since April 2018. The preliminary injunction remains in force pending the main trial of the infringement action and as such it remains illegal for Eurobent to manufacture Tiltex™ in Poland.
Eurobent was unsuccessful in its attempt to revoke the above patent (please see below). Additionally, in September 2021, the court of second instance in Świdnica, Poland, ordered Eurobent to pay CCT a compulsory sum of PLN 4,500,000 (€1,000,000) for 18 violations of the preliminary injunction (please see below), a record amount for this type of case in the Polish Courts. The main patent infringement action against Eurobent continues.
CONCRETE CANVAS VICTORY OVER TILTEX™ MANUFACTURER IN PATENT VALIDITY PROCEEDINGS
11 JANUARY 2022
22nd December 2021 – In a further victory for Concrete Canvas in its long running patent dispute in Poland with Eurobent Sp z.o.o. in relation to TILTEX™ (a sand cement filled GCL marketed as a GCCM), following a third and final hearing, the Polish Patent Office has upheld the validity of Concrete Canvas Technology Ltd’s patent PL/EP 2027319 in the face of revocation proceedings launched by Eurobent (the decision is appealable). The PPO rejected Eurobent’s arguments and agreed with the European Patent Office that the invention is both novel and inventive over the existing prior art.
The patent infringement proceedings brought against Eurobent for infringement of PL/EP2027319 before the Regional Court of Legnica in Poland continue and Eurobent remains subject to a preliminary injunction which makes the manufacture and sale of TILTEX™ in Poland illegal.
Commenting on the decision, Peter Brewin, director of Concrete Canvas Technology said:
“We are delighted with the decision which confirms the strength of our patent. Patents exist to protect and encourage investment in innovation. This decision represents a formal vindication of the technical innovation which drives Concrete Canvas’s market-leading GCCM products. As the originator of the class, our GCCMs benefit from over 15 years of R&D which is unparalleled in the market. The patent in dispute was filed back in 2006 and remains in force in various European countries (including the UK, France and Germany) and North America. We have built upon the foundations of the invention described in the ‘319 patent to a portfolio that now comprises more than 85 patents (granted or pending) across five patent families protected with broad geographic reach.”
PRELIMINARY INJUNCTION PROHIBITING EUROBENT FROM MANUFACTURING TILTEX™ IN POLAND UPHELD FOR THIRD TIME
30 JULY 2021
A fresh attempt by Eurobent Sp.z.o.o. to set aside the preliminary injunction that prohibits, within Poland, the manufacture, offering, importing and putting Tiltex™ on the market has failed. The Regional Court in Legnica on 8 June 2021 once again dismissed Eurobent’s motion for setting aside the preliminary injunction order. This is the third time Eurobent has failed to overturn the preliminary injunction. This decision is to the subject of a further appeal.
Eurobent is the manufacturer of Tiltex™ (a sand cement filled GCL marketed as a GCCM). Tiltex™ is also marketed by other companies under their own branding.
Pursuant to patent infringement proceedings instituted by Concrete Canvas Technology Ltd. against Eurobent in Poland for infringement of patent PL/EP 2027319, Eurobent has been restrained by preliminary injunction from manufacturing, offering and marketing for sale Tiltex™ in Poland since April 2018. The preliminary injunction remains in force. It remains illegal under the terms of the preliminary injunction for Eurobent to manufacture Tiltex™ in Poland.
Notwithstanding the preliminary injunction being in place, Eurobent has an outstanding judgment against it for PLN 4,500,000 (€1,000,000) awarded in favour of Concrete Canvas Technology Ltd. in respect of violations of the preliminary injunction by Eurobent on 18 occasions by continuing to ship orders from its factory in Poland. Eurobent’s appeal of this award was rejected by the court of the 2nd Instance, although the decision is the subject of a further appeal.
The main patent infringement action against Eurobent continues.
Concrete Canvas wish to reiterate that they will robustly seek to enforce their intellectual property rights where they are being infringed by a manufacturer, distributor or otherwise. Such enforcement will occur at a time and in a jurisdiction where Concrete Canvas can best accomplish its objectives. Patents exist to protect and encourage investment in innovation. It is in all of our interests to respect the law, including patent law.
Further information on Concrete Canvas Technology Ltd.’s patents’ can be found at: https://www.concretecanvas.com/patent-trademark-info/
TILTEX MANUFACTURER EUROBENT ORDERED TO PAY €1,000,000 TO CONCRETE CANVAS
19 FEBRUARY 2021
Under a judgment issued on 11th February 2021, Eurobent Sp.z o.o. has been ordered to pay a compulsory sum of PLN 4,500,000 (€1,000,000) to Concrete Canvas Technology Ltd. Eurobent is the manufacturer of Tiltex™ (a sand cement filled GCL marketed as a GCCM). Tiltex is also marketed by other companies under their own branding.
Pursuant to patent infringement proceedings instituted by Concrete Canvas Technology Ltd against Eurobent in Poland for infringement of patent PL/EP 2027319, Eurobent has been restrained by preliminary injunction from manufacturing, offering and marketing for sale Tiltex™ in Poland since April 2018.
Notwithstanding the preliminary injunction being in place, Concrete Canvas Technology Ltd filed evidence of 21 instances of Eurobent ignoring the preliminary injunction by continuing to ship orders from its factory in Poland.
In its judgment, The District Court in Świdnica accepted most of Concrete Canvas Technology’s evidence and held Eurobent to have violated the preliminary injunction on 18 occasions, ordering it to pay a substantial compulsory sum to Concrete Canvas Technology Ltd. The decision may be appealable. It was also notable that Eurobent refused to comply with an earlier court order to supply financial and other records. The District Court also found Eurobent’s grounds for this further violation of a court order to be without merit.
The main patent infringement action against Eurobent continues.
Concrete Canvas wish to reiterate that they will robustly seek to enforce their intellectual property rights where they are being infringed by a manufacturer, distributor or otherwise. Such enforcement will occur at a time and in a jurisdiction where Concrete Canvas can best accomplish its objectives. Patents exist to protect and encourage investment in innovation. It is in all of our interests to respect the law, including patent law. Further information on Concrete Canvas Technology’s patents and trade marks can be found at: https://www.concretecanvas.com/patent-trademark-info/
EUROBENT PRESS RELEASE MISLEADING – PRELIMINARY INJUNCTION STILL IN FORCE – IT REMAINS ILLEGAL FOR EUROBENT TO MANUFACTURE TILTEX IN POLAND
27 JANUARY 2021
Concrete Canvas Technology Ltd. wishes to clarify that the below are and remain matters of fact:
1.) A Preliminary Injunction, granted by the Regional Court of Legnica in Poland, that prohibits Eurobent from manufacturing, offering, importing and putting Tiltex™ on the market is in force in Poland. It remains in force.
IT IS ILLEGAL FOR EUROBENT TO MANUFACTURE TILTEX IN POLAND
2.) Eurobent has appealed the Preliminary Injunction granted by the Legnica court on three occasions; all have been unsuccessful.
3.) The Court in Legnica is the Polish court seized with determining the merits of the patent infringement action instituted in 2018 by Concrete Canvas against Eurobent in Poland. That action is live and pending before the Courts.
4.) Concrete Canvas Technology Ltd. has enforcement proceedings pending in the Polish Courts in Świdnica for wilful violation by Eurobent of the preliminary injunction in Legnica including substantial evidence of the manufacture of Tiltex™, in clear breach of the preliminary injunction, seized in a raid by court bailiffs on Eurobent’s factory.
The Regional Court of Warsaw was convened only to determine supplemental preliminary injunction proceedings which were brought by Concrete Canvas to restrain the export of Tiltex™ from Poland. The original motion for an additional preliminary injunction to restrain acts of export from Poland was initially granted by the court of first instance in Warsaw. Whilst the Regional Court in Warsaw has now reversed the order of the court of first instance no written grounds upon which the decision was granted have been made available. It is false and misleading for Eurobent to draw any conclusions on the underlying merits of Concrete Canvas’s claim. To reiterate, neither the status nor the merits of the pending patent infringement action, or the preliminary injunction of the Legnica court, are impacted in any way by this decision.
The enforcement proceedings before the District Court in Świdnica are also unaffected by the decision of the Regional Court in Warsaw. It remains illegal for Eurobent to manufacture or distribute Tiltex in Poland and the fine, among the highest ever determined for a case of this type, for breaching the court order remains in force.
Concrete Canvas wish to reiterate that they will robustly seek to enforce their intellectual property rights where they are being infringed by a manufacturer, distributor or otherwise. Such enforcement will occur at a time and in a jurisdiction where Concrete Canvas can best accomplish its objectives. Patents exist to protect and encourage investment in innovation. It is in all of our interests to respect the law, including patent law.
Further information on Concrete Canvas Technology Ltd.’s patents’ can be found at: https://www.concretecanvas.com/patent-trademark-info/
ABOUT CONCRETE CANVAS
Concrete Canvas Ltd. was incorporated in the UK in 2005, it manufactures three award winning products, Concrete Canvas®, Concrete Canvas Shelters™ and CC Hydro™. These products were developed to exploit a unique material technology invented by Peter Brewin (MEng) and Will Crawford (MEng) whilst studying Industrial Design Engineering at Imperial College and the Royal College of Art in London.
Concrete Canvas Ltd’s core material technology enables the supply of unique construction solutions that are extremely fast, easy to install and environmentally friendly. The company prides itself on innovation, quality and responsiveness to our customers’ needs.
The primary markets for Concrete Canvas Ltd are in the civil infrastructure (road and rail), mining and petrochemical sectors where CC is used for erosion control applications such as channel lining, slope protection and bund lining. The company has grown rapidly since 2005 and has sold its products to over 80 countries around the world.
HUNDREDS OF TILTEX ROLLS SEIZED IN RAID ON EUROBENT FACTORY
26 AUGUST 2020
Court bailiffs raided the premises of Eurobent Sp. z o.o in Poland on the 13th August 2020 and seized 217 rolls of Tiltex™. The material had been manufactured by Eurobent in a clear breach of a preliminary injunction for infringement of Concrete Canvas Technology Ltd.’s (Concrete Canvas) granted patent. Further distribution of the seized product will result in criminal liability with a maximum penalty of imprisonment for up to 5 years for the individuals responsible.
As well as the infringing material seized, the raid provided conclusive evidence that Eurobent were continuing to illegally manufacture Tiltex™ at their facility in Poland in a clear breach of the preliminary injunction in force since April 2018.
An enforcement action is currently in progress in the district court in Swidnica. The fine for non-compliance remains amongst the highest on record set by a Polish court for a case of this type. As part of this action Soprema Polska Sp. z o.o. have been summoned by the court to provide evidence. Soprema distribute the infringing product for Eurobent, in Poland, and elsewhere under their CivilRock™ brand.
Concrete Canvas wish to reiterate that they will robustly seek to enforce their intellectual property rights where they are being infringed by a manufacturer, distributor or otherwise. Such enforcement will occur at a time and in a jurisdiction where Concrete Canvas can best accomplish its objectives. Patents exist to protect and encourage investment in innovation. It is in all of our interests to respect the law, including patent law. Further information on Concrete Canvas Technology Ltd.’s patents’ can be found at: https://www.concretecanvas.com/patent-trademark-info/