Appeals court delays Flexsys' patent infringement case

Washington, DC -- The U.S. Court of Appeals for the Federal Circuit has vacated and remanded an International Trade Commission decision from August 2006 banning Chinese chemical manufacturer Sinorgchem Co. Shandong from selling the rubber antidegradant 6PPD and its feedstock 4-ADPA in the US.

The decision to vacate and remand followed by a week the court's denial of Flexsys' petition for a rehearing before its full 11-judge panel.

"Vacate and remand" means sending the lawsuit back to the lower trial court (in this case the ITC) to address an unresolved issue, or possibly for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before finally being resolved.

The ruling appears to mean that the case will continue in the courts for some time to come with no resolution in sight.

The ITC in August 2006 had ruled that Sinorgchem violated the patent rights of Flexsys America L.P. by manufacturing the chemicals without a license from Flexsys. Last December, a three-judge panel ruled 2-1 that Sinorgchem was not infringing on Flexsys' patents.

There was no immediate response from either Flexsys or Sinorgchem regarding the order to vacate and remand the antidegradant sales ban. On April 8, however, Flexsys issued a statement regarding the denial for a rehearing, saying it would continue to vigorously pursue the patent infringement issue with the ITC.

From Rubber & Plastics News (A Crain publication)