WASHINGTON (Nov. 3, 2008)—The International Trade Commission has decided not to review the decision of an administrative law judge who rejected Flexsys America L.P.'s patent infringement complaint against four Asian companies.
Flexsys claims that Chinese chemical firm Sinorgchem Co. Shandong and South Korean companies Korea Kumho Petrochemical Co. Ltd., Kumho Tire Co. Inc. and Kumho Tire USA Inc. all violated Flexsys' patents by making and using the antidegradant 6PPD and its feedstock 4-ADPA using Flexsys' patented manufacturing process. The Akron-based company wanted the ITC to ban the sale of the substances and any tires containing them.
Sinorgchem filed a motion for summary judgment in the case July 29, and the administrative law judge granted Sinorgchem's motion Sept. 15. Flexsys filed for review with the ITC Sept. 29, and the commission dismissed Flexsys' motion Oct. 30.
In an earlier case before the ITC, Flexsys won an exclusionary order from the ITC in July 2006 against Sinorgchem's 6PPD and 4-ADPA. Sinorgchem appealed to the U.S. Federal District Court of Appeals, which reversed and remanded the exclusionary order in December 2007. Flexsys lost an appeal to the full 11-judge panel of the appeals court, and the ITC lifted the ban.
Neither Sinorgchem nor Flexsys officials could immediately be reached for comment. Flexsys, however, is continuing to pursue the first complaint.