Statement

If you are contacted by Mr Haslen Matthew Back or Ms Valeria Tyutina or any other official of ENG8 or its agents, then please send the contact immediately to Barry Malizia CFO.


Haslen Matthew Back is disbarred from being a director of any company, although he continues to operate as a shadow Director of ENG8.Details of Mr Back’s disqualification as a Director and Bankruptcy are available on the UK Government’s website. https://www.thegazette.co.uk/notice/3858467Biaco has significant court awarded costs against ENG8 which remain unpaid. Biaco has instigated court enforcement in Gibraltar against ENG8.The facts are clear:-

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Patents and Technology

Details of numerous aspects of Biaco’s technology are contained within an ever-growing patent portfolio. At present, the patent portfolio is formed of 7 distinct families. While there are only 7 families, this does not mean that only 7 different aspects of the technology are covered. Instead, the current count is that there are 46 different identifiable inventions contained across these 7 families, with the option still available to use these families to obtain protection for each of those different inventions. In 6 of the 7 families, we have already had positive feedback from the patent office, with the 7th family only having been filed recently. At present, there are already three granted UK patents within the portfolio, with the number of grants set to further increase in the coming months.

Furthermore, this portfolio is to be bolstered by numerous additional patent applications to be filed in the near future. Our technology is also being published in 2025, and details of those publications will appear on our website as peer review is completed.

ENG8’s technology & Biaco

To be clear Biaco’s technology has nothing to with “Low Energy Nuclear Reactions”.

Biaco’s technology does not convert water to energy but rather it utilises high energy electrons to initiate chemical reactions in impurities and gases releasing energy.

ENG8 filed third party observations at the UK Patent Office in relation to the validity of our UK patent application GB 2102818.8. These observations can be found on the public file record for that UK patent application. The UK Patent Office completely disregarded this correspondence from ENG8, and as a result that UK application has now granted as UK Patent GB 2604853, with a grant date of 05 April 2023.

ENG8 also directly contacted the University of Sussex, Innovate UK and others claiming that we had “stolen” their technology.
All of these institutions have cleared Biaco over the baseless claims made.

The crux of the technology issue is that their technology is unproven, claims different origins and as far as we are aware has no scientific basis.  Whereas Biaco’s technology is measured, scientifically investigated and is backed by investment, science and engineering producing consistent results leading to demonstratable prototypes and products.

Testing and independent verification

Biaco Verification

Biaco has the following testing and verification reports fully available for scrutiny.

Our original verification test completed by Professor Robert Morgan in December 2020.

A second verification report completed by Professor Robert Morgan in September 2023.

Multiple imaging and process reports completed by Professor Cyril Clua of the University of Sussex.A fuller draft scientific paper (can be read at our premises or lawyers) which will be published in 2025.

ENG8’s misinformation on Validation, Technology and Patent misuse

i. ENG8 have made several misleading claims about their technology. As far as we are aware, no independent verification exists of the claims made on the ENG8 website (or previous circulated presentations) about their technology. For instance, claims made by them previously of involvement / verification by Cambridge University, Oxford University, UL Solutions, and more seriously Professor Robert Morgan are false.

ii. ENG8 continuously refer to its technology being validated by Prof. Morgan which is simply untrue. One very serious matter is that not only are ENG8 claiming that the Prof. Morgan Report was prepared for ENG8 but we found out that ENG8 had altered the report by supplementing the ENQ logo with the ENG8 logo and changing the references to ‘EnergyNetiQ Ltd’ (Biaco) in the report to ‘ENG8’. This misinformation and posting continues to this day. ENG8 further breached copyright by plagiarising Professor Morgan’s report by photoshopping and paraphrasing into a patent application filed by ENG8.

Proceedings

There is a lengthy procedural history due to the scattergun approach taken by ENG8 and the multiple breaches of the procedural rules by ENG8 and the numerous applications which it has issued. All proceedings against Biaco by ENG8 have been defended and struck out. The latest order by The Honourable Mr Justice Marcus Smith denied ENG8 any more chance to resubmit claims of such a spurious nature.

Brief History of Proceedings.

On 10 July 2023 ENG8 filed a claim naming Biaco, ENQ, Mr Malizia, Mr Key, Mr Wright, Prof. Atkins, Mr Rupert Fraser and Mr Robert Dye as the Defendants.  The Particulars of Claim were incoherent and unclear.  

On the same date ENG8 filed an application for an interim injunction and on 13 July 2023 ENG8 filed another application for a Freezing Injunction.  The Freezing Injunction application was heard on 25 July 2023 but shortly before the hearing being called on, outside of court and upon the advice of a barrister who was available at Court to provide free legal advice to ENG8 as part of the Court’s litigant in person’s scheme, it withdrew the application.  ENG8 was provided with the opportunity to serve replacement Particulars of Claim and were ordered to pay costs to Biaco and ENQ of £20,000.00.

ENG8 then went on to make an application to stay the payment of those costs which was refused and then made an application to appeal that decision to the Court of Appeal which was also refused.  Having exhausted all legal avenues available to avoid or delay payment of the costs, ENG8 finally paid, albeit it this was 6 months after the original order for costs.  

On 27 September 2023 ENG8 served replacement Particulars of Claim which were still largely incoherent but seemed to advance different claims of passing off and breach of confidence.  In response, a robust Defence was filed and served.  

On the basis that both the claim now being advanced for passing off and breach of confidence were incoherent and made no sense and/or were so vague and unparticularised that there were no reasonable grounds disclosed to bring these claims, an application was made to strike out all claims being advanced by ENG8.  

Finally on 11 June 2024, ENG8’s claim was struck out by the order of The Honourable Mr Justice Marcus Smith . An application was made by ENG8 to the Court of Appeal for permission to appeal this order which was refused. ENG8 have been ordered to pay to Biaco a significant amount of legal costs which remain unpaid, and Biaco are now in the process of enforcing those costs orders under the laws of Gibraltar.


Chris Key
Director / Biaco