Flexsys quits ITC, revives civil claims against Sinorgchem, KKPC, Kumho

ERJ staff report (DS)

St Louis, Minnesota -- Flexsys America L.P., a subsidiary of Solutia Inc., is moving forward with its patent infringement case against Sinorgchem Co., Ltd. (Sinorgchem), Korea Kumho Petrochemical Co., Ltd. (KKPC), Kumho Tire Co. Inc. (Kumho Tire) and Kumho Tire U.S.A., Inc. (Kumho USA) in the U.S. District Court for the Northern District of Ohio.

The suit claims infringement of U.S. patents held by Flexsys as a result of the importation, sale and use in the United States of 4-ADPA made by Sinorgchem, 6PPD and other antidegradants made from Sinorgchem's 4-ADPA, and tyres made by Kumho Tire containing those antidegradants. Flexsys is seeking a multimillion dollar damage award, as well as a permanent injunction against the defendants.

Originally filed on January 28, 2005, this case has been temporarily stayed by the court since May 30, 2007, pending the conclusion of Flexsys' proceedings before the International Trade Commission (ITC). In recent hearings, the ITC has generally found in favour of the defendants and against Flexsys.

“In order to move forward in our preferred venue in Ohio and to have our case heard by a jury in Akron, we plan to voluntarily terminate all ITC proceedings and resume the Ohio case immediately,” said Tim Wessel, president of Flexsys. “We are committed to protecting Flexsys' significant investments in the proprietary manufacturing of our rubber chemical products,” continued Wessel.In

In the Ohio civil case, Flexsys will seek to present its patent infringement case to a jury and let the jury decide the issue of infringement. Flexsys will also ask for multi-million dollars in damages on the basis of tires sold in the United States containing infringing 6PPD and other antidegradants.

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Press release from Flexsys