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Court Reverses Decision Against Süd-Chemie , Declares Southern Clay Patent Invalid

Published on 2002-10-16. Author : SpecialChem

The United States Court of Appeals for the Federal Circuit (CAFC) has ruled in favor of Süd-Chemie by completely overturning the Texas District Court in the patent infringement lawsuit brought against Süd- Chemie by Southern Clay Products (Rockwood). The Circuit Court not only reversed the lower court's ruling, but went much further by ruling that Southern Clay's primary patent in suit is invalid and no longer in force.

While there are still issues to be resolved, including charges against Southern Clay regarding inequitable conduct before the US Patent and Trade Office, anti-trust issues involving Southern Clay, and the validity of a second patent owned by Southern Clay, the primary aspect of Southern Clay's case against Süd-Chemie is essentially decided in Süd-Chemie's favor.

Süd-Chemie Inc. and its majority owner Süd-Chemie AG are very pleased with the ruling of the Court of Appeals for the Federal Circuit, particularly the decision to vacate the damages and attorney fee awards and to invalidate U.S. Patent 4,664,842. It is Süd- Chemie's view that a favorable resolution will be made in the matter of the remaining patent, U.S. Patent 5,110,501 as it is very similar in wording and meaning as the now invalid U.S. Patent 4,664,842.

Source: Süd-Chemie Inc.

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