WASHINGTON (April 17, 2008) — The U.S. Court of Appeals for the Federal Circuit has vacated and remanded an International Trade Commission decision from August 2006 banning Chinese chemical manufacturer Sinorgchem Co. Shandong from selling the rubber antidegradant 6PPD and its feedstock 4-ADPA in the U.S.
The decision to vacate and remand followed by a week the court's denial of Flexsys' petition for a rehearing before its full 11-judge panel.
The ITC in August 2006 had ruled that Sinorgchem violated the patent rights of Flexsys America L.P. by manufacturing the chemicals without a license from Flexsys. Last December, a three-judge panel ruled 2-1 that Sinorgchem was not infringing on Flexsys' patents.
There was no immediate response from either Flexsys or Sinorgchem regarding the order to vacate and remand the antidegradant sales ban. On April 8, however, Flexsys issued a statement regarding the denial for a rehearing, saying it would continue to vigorously pursue the patent infringement issue with the ITC.