Anticipate This!™ | Patent and Trademark Law Blog

Flexsys Settles with Sovereign Chemical.

Posted in Litigation Commentary by Jake Ward on November 12, 2006

6PPD  

As stated in my earlier post titled Flexsys 6PPD Suit to Proceed in District Court (N.D. Ohio), Flexsys America L.P. had filed a $20 million patent infringement lawsuit in U.S. District Court (N.D. Ohio) against Chinese chemical producer Sinorgchem Co., its U.S. distributor (Akron-based Sovereign Chemical Co.), and South Korean tire maker Kumho Tire Co. Inc. and its U.S. subsidiary, Kumho Tire U.S.A. Inc

Rubber and Plastics News (subscription required) is now reporting that Flexsys has settled with defendant Sovereign Chemical Co.  The suit is continuing, however, against Sinorgchem (the Chinese manufacturer and supplier to Sovereign) and the Kumho companies.  As noted in my previous post, the ITC had found that Sinorgchem infringed Flexsys patents drawn to methods of manufacturing 6PPD and a precursor feedstock, 4-ADPA, and by selling Sinorgchem’s versions of the products in the U.S.  

Interestingly, Sovereign has filed a public document which claims that Sovereign has been harmed by Sinorgchem´s infringing conduct.  Specifically, Sovereign alleges that Sinorgchem told Sovereign (and intended Sovereign to believe and rely upon them Sinorgchem’s claims) that the products purchased by Sovereign would be free from infringement of any valid U.S. patents.

JW Note:  Has anyone out there seen this Sovereign “public document?”  A quick internet search has yielded nothing at this time.

One Response

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  1. Jake Ward said, on November 27, 2006 at 9:40 am

    Apparently, the “public document” is an Amended Answer and Cross-Claim filed by Sovereign in this suit. The press release at SOCMA (Synthetic Organic Chemical Manufacturers Association) is found here: http://www.socma.com/PDFfiles/NewsReleases/PR_US_IP_litigation_Sovereign_settlement%20_2006-11-08_.pdf .


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