Date: 19 July 2010
This Base Patent is valid in the United States through June 2011 and in other world areas through 2012. Flexsys' Process Patents on its PPD2 technology remain valid through 2019.
On July 6, 2010, the U.S. District Court of the Northern District of Ohio granted summary judgment for Sinorgchem Co. and Korea Kumho Petrochemical Co., Ltd., dismissing Solutia's infringement claims against the two defendants. Solutia is evaluating options for promptly appealing this decision to the Federal Circuit Court of Appeals.
"While the decision was not our desired outcome for this regional case, we were prepared for this ruling and it does not affect the validity of the patent," said D. Michael Donnelly, president and general manager of Solutia's Technical Specialties division. "We remain confident in our intellectual property rights, as the Base Patent has been upheld in other key world areas and our Process Patents remain valid through 2019."
Flexsys' PPD2 process is the most technologically advanced and economical manufacturing process in the world for the key PPD intermediate 4-ADPA. In March 2010, the Korean Supreme Court dismissed the appeal of a lower court decision that found key claims of Flexsys' Korean patent to be valid, defeating attempts by Sinorgchem to invalidate those claims. This decision followed similar rulings in January of this year by the Beijing No. 1 Intermediate People's Court in China and the Federal Patent Court in Germany, dismissing attempts by Sinorgchem to invalidate Flexsys' PPD patents in those countries.
"Our innovative PPD2 technology was developed through a commitment to -- and significant investment in -- research and development," said Donnelly. "This technology provides substantial value for both our customers and stakeholders. As the world's leading producer of PPDs for the rubber and tire industry, we will continue to vigorously defend and enforce our patent and intellectual property rights around the world."
Solutia operates the largest 4-ADPA plant in the world, as well as PPD manufacturing operations in Antwerp, Belgium. In addition, Solutia currently owns the largest PPD plant in North America and is the only PPD producer with manufacturing capacity in the growing South American market. Solutia sells these PPD antidegradants under the Santoflex(R) brand.
To learn more about Flexsys and its related products and capabilities, please visit our website at www.flexsys.com.
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