The motion to amend the complaint includes new detail of publishers conduct leading to extraordinary company harm and damages greater than $1.8 billion.
CHARLOTTE, N.C., May 25, 2023 /PRNewswire/ — On May 24, GPS Air (“GPS”) filed a motion to amend its civil complaint for defamation and unfair and deceptive trade practices in the United States District Court for the Western District of North Carolina against Netherlands-based publishing company Elsevier for publishing and disseminating a false and misleading study involving GPS’s Needlepoint Bipolar Ionization (“NPBI™”) technology. The amended filing can be found at https://gpsair.com/uploads/applications/GPS-v-Elsevier.pdf. This is an amendment to the original complaint dating back to January 26, 2022.
The lawsuit lays out the following factual background: In March 2021, Elsevier published a study entitled, “Evaluating a commercially available in-duct bipolar ionization device for pollutant removal and potential byproduct formation,” (the “Study”) in the journal Building and Environment. The Study, authored under the direction of Illinois Institute of Technology professor Brent Stephens, was conducted with the predetermined outcome that GPS’s technology was ineffective and increased certain compounds. Evidence, including emails attached to the amended complaint show the study was fabricated.
As laid out in the 313-page amended complaint:
- Data proving that GPS’s NPBI technology performs as advertised was suppressed.
- Test data was cherry-picked while ignoring contradictory results.
- The main scientist hid data which contradicted their conclusion.
- Elsevier’s purported peer-review process was a sham as it failed to catch obvious flaws—in equipment, procedure and reporting. Each of these issues should have been caught in Elsevier’s peer-reviewed process before the Article was released.
- The Article has been weaponized by GPS’s competitors to help create what they termed “bipolar backlash” to undermine GPS’s technology. Despite being presented with this evidence, Elsevier has yet to retract the Study.
- Before filing a lawsuit, GPS sent a letter to Elsevier detailing the factual misconduct and false statements and asking for a retraction. Elsevier ignored GPS and its attempts to remedy this matter outside the courts and before more irreparable harm could be inflicted on the company.
- “Elsevier knew the main conclusion of the study was fabricated and was aware of the material errors and inconsistencies within the study.”
- “The senior publisher at Elsevier who was responsible for the journal that published this false study in 2021 has testified in this case that Elsevier bears responsibility for any false statements in the articles and studies it publishes, which includes the false statements in the study at issue here. GPS has suffered losses as a result of Elsevier’s defamatory publication of over $1.8 billion.”
About GPS Air (GPS):
Founded in 2008, GPS Air (GPS) is a leader in indoor air quality, with over 30 patents and 250,000 installations worldwide since its founding, including in offices, research labs, schools, universities, health care facilities and airports. GPS devices work in conjunction with HVAC systems as part of a multi-layered solution to help improve indoor air quality using a unique and patented low energy, soft ionization technology application called Needlepoint Bipolar Ionization (NPBI™). GPS branded products are certified to UL 2998, UL’s stringent zero ozone standard. This independent certification is also compliant with the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) guidance and follows recent Environmental Protection Agency (EPA), Center for Disease Control and Prevention (CDC) and Department of Education guidance. GPS is ISO 9001:15 certified. Headquartered in Charlotte, North Carolina, more information about GPS can be found at www.gpsair.com.
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SOURCE GPS Air