Flexsys patent fight to continue

Washington, DC - Flexys America LP has vowed to keep fighting its patent infringement claim before the International Trade Commission. This is despite a ruling by the federal appeals court against an earlier ITC decision in Flexsys' favour.

Flexsys claimed that Chinese chemical firm Sinorgchem Co. Shandong used Flexsys technology without permission to make the rubber antidegradant 6PPD and its feedstock, 4-ADPA. The company also claimed that Sovereign Chemical Co., Sinorgchem's Akron-based sales agent, violated Flexsys' patent rights when it sold Sinorgchem's 6PPD and 4-ADPA in the US.

In July 2006 the ITC ruled that both Sinorgchem and Sovereign had violated Section 337 of the Tariff Act. It ordered both companies to stop selling 6PPD and 4-ADPA in the US. However, in 2007 Sinorgchem appealed, winning a 2-1 vote from the three-judge panel on the US Court of Appeals for the Federal Circuit.

"While the circuit court ruled in Sinorgchem's favour in regard to one theory-literal infringement-it remanded the case back to the ITC to consider another theory, doctrine of equivalence," said Tim Wessel, vice president of antidegradants and Crystex for Flexsys. He added, "Flexsys intends to pursue this matter with the ITC."

From Rubber & Plastics News (A Crain publication)