Anticipate This!™ | Patent and Trademark Law Blog

ITC Rescinds Order Against Sinorgchem.

Posted in General Commentary by Jake Ward on June 5, 2008

Brought to our attention this morning by this article at RubberNews (subscription required):

WASHINGTON (June 4, 2008) — The U.S. International Trade Commission has rescinded the limited exclusion order barring the U.S. sale of rubber antidegradants made by Chinese firm Sinorgchem Co. Shandong and sold by Sovereign Chemical Co.

The ITC order follows a denial by the Federal Circuit in relation to a rehearing en banc of a decision finding that Sinorgchem did not infringe Flexsys’ patent.  Specifically, the ITC order states:

Sinorgchem appealed the Commission’s final determination to the U.S. Court of Appeals
for the Federal Circuit (“Federal Circuit”). On December 21, 2007, the Federal Circuit issued its judgment vacating and remanding the Commission’s final determination for further proceedings consistent with the Court’s opinion. Sinorgchem Co., Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007). Intervenor Flexsys America L.P. (“Flexsys”) petitioned the Federal Circuit for rehearing and rehearing en banc. The Commission supported rehearing. On April 7, 2008, the Federal Circuit denied the petition for rehearing and rehearing en banc. The mandate of the Court issued on April 14, 2008.

Upon consideration of this matter, the Commission has determined to rescind the limited
exclusion order relating to the importation of rubber antidegradants made by Sinorgchem and Sovereign. The Commission has also determined to remand the investigation to the presiding ALJ for proceedings consistent with Sinorgchem Co., Shandong v. International Trade Commission, 511 F.3d 1132 (Fed. Cir. 2007), including issuance of a final initial determination on violation and a recommended determination on remedy and bonding.

A copy of the ITC order may be found here.

See the previous AT! posts on the Flexsys v. Sinorgchem et al. litigation here

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