Flexsys ups the ante in patent row with KKPC

Brussels - Flexsys America LP has entered a new round in the war of words - and lawsuits - with Korea Kumho Petrochemical Company, Ltd. (KKPC). Flexsys has issued a new press release saying it emphatically denies the allegations asserted by KKPC and fully intends to continue to pursue an infringement action against the Korean company.

In 2004, Flexsys opened a legal battle with other suppliers over a process used to make 4-aminodiphenylamine (4-ADPA),and its PPD derivatives including 6PPD. Flexsys issued legal proceedings, alleging that KKPC and two Chinese companies had infringed Flexsys' patents in this commercially-sensitive area. In February of this year a court ruling cleared KKPC of the charges, but found the two Chinese companies guilty of using Flexsys' patented process.

Last month, apparently in retaliation for the original lawsuit, KKPC filed a lawsuit in Los Angeles accusing Flexsys of restrictive trade practices. The company's vice president, SC Kim, said, ""KKPC believes that our right to compete in the United States must be protected and we have been troubled by attempts made by our competitors to keep us out of this market. KKPC intends to vigorously compete in the United States' market and we intend to vigorously pursue our antitrust claims and to be made whole for the losses we have suffered in the past."

In the latest round in the increasingly bitter dispute, Flexsys asserts that KKPC's allegations against it, "are incorrect or baseless or otherwise legally without merit." Flexsys further added that, "KKPC's new lawsuit is best understood as a defense maneuver against the Flexsys intellectual property lawsuit."

Tim Wessel, Business Director, Antidegradants for Flexsys said, Flexsys has discovered, developed and commercialized this award-winning and patented process and this has involved significant investments, as KKPC also recognizes in the law suit. We have taken and will continue to take appropriate legal action in all applicable jurisdictions to protect our patent rights.”