On April 8, 2008, Flexsys published an update on the status of its patents covering 4-ADPA manufacturing. Below is the main text of the announcement.
Flexsys invests significantly in the discovery, development and commercialization of manufacturing processes for rubber chemicals, and it holds numerous patents covering these inventions. Flexsys is committed to aggressively protecting its patent estate including, as necessary, the pursuit of legal actions on a global basis. Following is an update on certain of these matters.
• The Flexsys patents at issue are valid;
• Sinorgchem’s process is covered by the Flexsys patents; and,
• The importation of Sinorgchem’s 4-ADPA and 6PPD into the United States by Sinorgchem violates section 337 of the U.S. Tariff Act.In 2007, a three-judge panel of the United States Court of Appeals for the Federal Circuit overruled the ITC’s finding that Sinorgchem had literally infringed Flexsys’ patents and remanded the matter to the ITC to determine whether Sinorgchem’s processes infringe Flexsys’ patents on other grounds set forth by Flexsys. On April 7, 2008, the Federal Circuit denied Flexsys’ request for a rehearing of the decision by the full panel of judges on the Federal Circuit.
Flexsys will continue to vigorously pursue this matter with the ITC. The limited exclusion order issued by the ITC remains in effect. Once the ITC process has been completed, the path will be clear for Flexsys to vigorously pursue its civil patent infringement case against Kumho Tire, KKPC and Sinorgchem. This case is currently pending in U.S. District Court for the Northern District of Ohio.