SEOUL, South Korea (May 27, 2008) — Korea Kumho Petrochemical Co. Ltd. said it believes the patent infringement complaint filed against it and other companies by Flexsys America L.P. is without merit.
“Previous complaints made by Flexsys on the same patents have been resolved in (our company's) favor,” said Sung Lyu Lim, senior vice president of the South Korean chemical company, regarding the complaint Flexsys filed May 12 with the U.S. International Trade Commission. Flexsys charged patent infringement of its rubber antidegradant 6PPD, feedstock 4-ADPA and the chemical intermediates used to make both.
“It is regrettable that Flexsys has chosen to improperly sue again on patent claims it has lost,” the Kumho official said.
The Flexsys complaint is against Korea Kumho; its subsidiaries Kumho Tire Co. Ltd. and Kumho Tire USA Inc.; and Chinese chemical firm Sinorgchem Co. Shandong. It seeks to bar the U.S. sale not only of the antidegradants and intermediates made by these firms, but also any tires made with those chemicals.
An earlier Flexsys complaint against Sinorgchem resulted in an ITC exclusion order against the antidegradants, but a federal appeals court reversed and remanded the order. Flexsys is pursuing both complaints before the ITC, as well as a patent infringement lawsuit against all four companies.