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DuPont Protect Non-Ozone-Depleting Refrigerant Intellectual Property

In an effort to protect the intellectual property of its non-ozone-depleting refrigerants, DuPont today announced enforcement actions in four countries against local companies infringing on its patents.

The refrigerants - Suva(R) 407C and Suva(R) 410A - are the leading hydrofluorocarbon (HFC) products globally for air conditioning and heat pump applications, for which DuPont has patents in various countries, including China, India, Malaysia and Spain, among others.

"DuPont scientists have developed, patented and licensed refrigerants for authorized use around the world," said Cynthia C. Green, vice president and general manager - DuPont Fluoroproducts. "We have invested significant resources and millions of dollars in research. The protection of our intellectual property enables us to continue to invest in innovative technologies for the air conditioning and refrigeration markets, and to ensure that our customers are getting the quality products from DuPont that they expect. We will continue to take aggressive action to enforce our rights and to protect against counterfeiting, patent and trademark infringement, and theft of trade secrets."

In China, DuPont recently reached a settlement with a leading equipment manufacturer regarding the infringement of the DuPont patent for HFC-407C in Spain. The refrigerant was exported to Spain in equipment manufactured in China. Per the settlement agreement, DuPont has not disclosed the name of the Chinese equipment manufacturer or terms of the settlement.

The settlement is part of an ongoing DuPont program to gather evidence on Chinese equipment manufacturers suspected of exporting air conditioning equipment containing HFC-407C, without proper licenses from DuPont, to European Union (EU) countries covered by DuPont patents.

The company also has filed legal action in the Chinese courts for HFC-410A patent infringement against two local Chinese fluorochemical producers.

In addition to the China actions, DuPont filed an infringement suit and was granted an interim interlocutory injunction against refrigerant resellers in Malaysia, where DuPont owns a patent covering HFC-407C. The injunction, issued by the High Court of Malaysia at Kuala Lumpur, restrains two resellers from selling and importing the product into Malaysia for the period of the interim injunction.

Additional actions include a legal filing in the High Court of Delhi in New Delhi, India, for both products in a patent infringement case against a refrigerant reseller in India.

DuPont estimates the global fluorochemicals market for refrigerants at more than $2 billion, with 20 percent to 30 percent representing refrigerants for air conditioning and heat pump applications.

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