WASHINGTON (Sept. 5) — The U.S. Appeals Court for the Federal Circuit heard oral arguments today in Sinorgchem Co. Shandong's appeal of an International Trade Commission exclusionary order involving rubber antidegradants.
In August 2006, the ITC ruled that Sinorgchem violated the patent rights of Flexsys America L.P. by making the antidegradant 6PPD and its feedstock 4-ADPA without a license from Flexsys, and barred Sinorgchem from selling those products in the U.S.
In its appeal before the Federal Circuit, Sinorgchem's attorneys argued that the ITC based its finding on an erroneous scientific definition that was not advanced by either Sinorgchem or Flexsys, and that this error made the ruling invalid on its face.
The ITC's ruling against Sinorgchem is part of the basis for Flexsys' $20 million patent infringement lawsuit against Sinorgchem and other parties in the Cleveland federal district court. The Cleveland court has stayed the lawsuit pending the outcome of Sinorgchem's ITC appeal, and the appeals court rejected Flexsys' bid to lift the stay.