WASHINGTON (March 6) — An administrative law judge has found a Chinese chemical company and its U.S. sales representative guilty of violating Flexsys America L.P.´s patent in the manufacture and sale of rubber antidegradant 6PPD and its feedstock chemical 4-ADPA.
The case now goes to the full International Trade Commission, which can accept or reject the judge´s decision or ask for more time to consider the issues and hold oral arguments.
Flexsys accused Sinorgchem Co. Shandong of manufacturing both 4-ADPA and 6PPD without Flexsys´ permission, and Sovereign Chemical Co. of selling Sinorgchem´s 6PPD in the U.S. Judge Paul J. Luckern found against Sinorgchem and Sovereign in the case, but exonerated Korea Kumho Petrochemical Co. Ltd. for buying Sinorgchem´s 4-APDA to make its own 6PPD.
Sinorgchem and Sovereign have filed an appeal of the judge´s decision with the ITC, as has Flexsys, which claims Luckern erred by not finding against Korea Kumho. The ITC has roughly till the beginning of April to file a decision in the case.