Patent Law

A July 10, 2008 Solutia Inc. press release published by Prime Newswire stated, in part:

Flexsys(r) America L.P., a subsidiary of Solutia Inc. (NYSE:SOA), today announced that the U.S. International Trade Commission (ITC) has voted to institute an investigation of certain rubber antidegradants, antidegradant intermediates, and products containing the same. The respondents named in the case are: Sinorgchem Co., Shandong; Korea Kumho Petrochemical Co., Ltd. (KKPC); Kumho Tire Co., Inc.; and Kumho Tire USA, Inc. This investigation is based upon a complaint filed by Flexsys on May 12, 2008, which asserts that the importation of Sinorgchem's 4-ADPA or any antidegradants made from its 4-ADPA into the United States violates section 337 of the U.S. Tariff Act, due to Sinorgchem's infringement upon Flexsys' patents for the production of 4-ADPA intermediates.

In this case, Flexsys seeks an exclusion order barring the importation of Sinorgchem's 4-ADPA as well as 6PPD made from Sinorgchem's 4-ADPA into the United States, including that manufactured by KKPC.

The technology at issue in this case relates to environmentally friendly methods for preparing compounds used in the manufacture of rubber products such as tires, belts and hoses. These compounds prevent premature degradation of rubber due to exposure to sun, heat, ozone and other factors. One such antidegradant is 6PPD, which is manufactured and sold by Flexsys under the brand name Santoflex(r) 6PPD. The material known as 4-ADPA is an intermediate compound used in the production of 6PPD.

Flexsys also has a civil patent infringement case against Kumho Tire, KKPC and Sinorgchem, which is currently pending in U.S. District Court for the Northern District of Ohio.

See the full press release here.