If in fact, this device works as the company has stated, and the on going tests support the earlier findings, it WILL be manufactured, installed and used. The Patent issue will as Zeke says, either find itself in a courtroom where designers with Patent applications can hash it out. That will take 10 years!
So, let's not get to hot and bothered about the Patent, and invest based on the test results.
If there as good or better than the initial tests, we have a winner. If the test results are bad, then a Patent is a moot point IMO.