News from Notch Consulting, Inc.

According to Rubber & Plastics News (subscription required), Flexsys America LP filed a new complaint with the US International Trade Commission on May 12, 2008 regarding its ongoing patent infringement suit against Sinorgchem Co. (Shanghai, China), Korea Kumho Petrochemical Co., Ltd. (Seoul, South Korea), Kumho Tire Co., Inc. (Seoul, South Korea), and Kumho Tire USA Inc. (Rancho Cucamonga, CA).

Flexsys alleges that Sinorgchem is infringing on its patented manufacturing process for 4-ADPA, a precursor for the production of 6PPD rubber antidegradants, and that Kumho is infringing by using SInorgchem’s 4-ADPA to produce 6PPD. The new suit requests that the Commission conduct an investigation under section 337 of the Tariff Act of 1930 and seeks a permanent injunction against the sale of 6PPD and 4-ADPA produced by Sinorgchem or Kumho in the US, as well as the sale of any tires made with these chemicals.

Here is a copy of the complaint.

Here is a copy of the press release.

Flexsys also continues to pursue its patent infringement suit against Sinorgchem, Kumho and others, which was originally filed in February 2005. The case was dealt a set-back in December 2007, when the US Federal Appeals Court vacated and remanded a February 2006 decision by the US International Trade Commission that found that Sinorgchem had literally infringed on the Flexsys patents. 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. These decisions bounced the case back to the US ITC to determine whether Sinorgchem’s processes infringe on Flexsys’ patents on other grounds.

Flexsys also has a civil patent infringement suit against Sinorgchem, KKPC and Kumho TIre pending before the Cleveland federal district court, but this case cannot be decided until the ITC process has been decided.

This blog has previously covered this topic here, here, here, and here.