Aug 23 2006
Flexsys America L.P. announced today that the United States District Court for the Northern District of Ohio has ordered that its patent infringement action against Sinorgchem Co., Shandong (“Sinorgchem”), Kumho Tire USA, Inc., Kumho Tire Company, Inc. (Korea), Korea Kumho Petrochemical Company, Ltd. (“KKPC”), and Sovereign Chemical Company be reopened.
Flexsys brought the patent infringement action alleging that the defendants Sinorgchem and KKPC infringed Flexsys process patents for producing 4 aminodiphenylamine (“4-ADPA”), and its PPD derivatives (including 6PPD). Flexsys further alleges that the Kumho tire companies are importing tires that include those products. In the District Court case, Flexsys seeks money damages in the amount of $20 million and other relief. The case had been stayed (suspended) while a companion case was pending before the US International Trade Commission (ITC).
The ITC has recently concluded and the ITC specifically found that:
- The Flexsys patents at issue are valid;
- Sinorgchem’s process is covered by the Flexsys patents; and,
- The importation of Sinorgchem’s 4-ADPA and 6PPD into the United States by Sinorgchem and Sovereign violates section 337.
Based on the favorable ITC decision, Flexsys requested that the US District Court reopen the civil patent infringement case. The Flexsys request was granted by Judge Gaughan. The Judge’s order is effective immediately.
“We are very pleased with the Court’s action,” said Wolter Kymmell, General Counsel. “The Court rejected the arguments for delay by other parties. Flexsys is happy to see the case move forward. Next, the Court will consider and enter a Case Management Order, which will set the schedule for production of documents, testimony of witnesses, and a date for trial.”
“We had an excellent result before the ITC and we expect excellent results before the US District Court proving patent infringement and collecting damages against the chemical manufacturers, as well as the importers of tires made with Sinorgchem’s 4-ADPA or PPD products,” said Donald Fields, Worldwide Antidegradants Technology Manager.
“We did not bring this lawsuit casually. This technology is of strategic importance to Flexsys,” said Tim Wessel, Vice President, Antidegradants. “Flexsys has discovered, developed and commercialized this award winning and patented process and this has involved significant investments.”