Shandong, China-based Sinorgchem Co. has petitioned a U.S. federal appeals court, asking it to review an International Trade Commission decision barring the company from selling certain rubber antidegradants in the U.S.
The ITC ruled on July 13 that Sinorgchem and its U.S. importer, Sovereign Chemical Co., infringed on the patents of Flexsys America L.P. in making and selling the antidegradant 6PPD and its feedstock, 4-ADPA.
Sinorgchem filed its petition for review and appeal of the agency's decision Sept. 19 before the U.S. Court of Appeals for the Federal Circuit. The two-page document contained only the bare fact that the company is appealing the decision. The actual brief will come later, and there is no timetable for that to be submitted, according to Manni Li, a Washington attorney representing Sinorgchem.
Officials of Akron-based Flexsys could not be reached for comment on Sinorgchem's appeal. However, when the ITC verdict came down, Flexsys said it was pleased that the agency had validated its charges of patent infringement.
The ITC upheld the February 2006 decision of an administrative law judge that Sinorgchem and Sovereign violated Section 337 of the Tariff Act. Flexsys had alleged that Korea Kumho Petrochemical Co. Ltd. also violated Section 337 by buying 4-ADPA from Sinorgchem to make its own 6PPD, but the administrative law judge and the ITC both rejected this argument.
About a month after the ITC decision, Flexsys announced that the Cleveland federal district court had reopened its $20 million patent infringement lawsuit against Sinorgchem; Sovereign; Kumho Korea Petrochemical; and Kumho's tire subsidiaries, Kumho Tire Co. Inc. and Kumho Tire U.S.A. Inc. Although the ITC had exonerated Kumho Tire, Flexsys said the issues in the lawsuit are different from those in the Section 337 case.