Korea Kumho cleared of patent infringement in 6PPD rubber chemicals

Seoul, Korea - A judge acting for the US-based International Trade Commission has cleared Korea Kumho Petrochemical Co., Ltd of allegations that it illegally imported 6PPD and tyres using 6PPD to the US market.

The allegation was made by international chemical supplier Flexsys America L.P. and claimed that KKPC infringed Flexsys' US patents related to the manufacture of N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine (6PPD), a tyre antidegradant found in most tyres sold in the United States

The ITC Administrative Law Judge Paul Luckern said KKPC has been found not to be in violation of Section 337, the ITC's unfair trade practice laws, with respect to its importation of tyre chemicals into the United States. The favorable decision also applies to the importation of tyres into the United States made with KKPC tire chemicals, including Kumho Tires.

KKPC was the target of a Section 337 investigation initiated in January, 2005,claiming that KKPC infringed on Flexsys' U.S. process patents 5,117,063, 5,608,111 and 6,140,538. In his decision, Judge Luckern ruled that KKPC did not directly or indirectly infringe the patents asserted against it by Flexsys.

"We are gratified by the decision that there is no violation by KKPC of the ITC's unfair trade practice laws," remarked Mi-Hyung Kim, Executive Vice President and General Counsel of KKPC. "This decision clearly vindicates KKPC from the patent infringement allegations made against us by Flexsys."

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Press release from KKPC