Court and jury find in favor of INVISTA and Auriga Polymers in patent infringement trial
The United States District Court for the District of Delaware recently found as a matter of law that two members of the Mossi & Ghisolfi Group, M&G Polymers USA and M&G USA Corporation (collectively “M&G”), infringed all asserted claims of INVISTA’s PolyShield® resin patent (U.S. 7943216). In July, a jury in the same Court also found the asserted claims to be valid. The trial lasted one week and resolves questions regarding ongoing allegations of infringement with respect to M&G’s PoliProtect APB and JB resin manufactured, offered for sale, and sold in the United States. The decision also brings certainty and clarity to the polyester food packaging market.
“We are pleased with the Court’s and jury’s decisions that M&G’s PoliProtect APB and JB resin infringed upon INVISTA’s PolyShield® resin patent and that the patent is valid,” said Bob Francois, president, INVISTA Specialty Materials. “We look forward to moving ahead with our business and creating value for our customers around the world.”
In 2011, INVISTA filed suit against M&G alleging that M&G’s PoliProtect APB and JB resin products infringe the claims of the PolyShield® resin patent. The PolyShield® resin patent discloses and claims an innovative barrier technology designed to protect the shelf life of oxygen-sensitive food and beverages. Auriga Polymers, Inc., a company of Indorama Ventures PLC, is INVISTA’s exclusive licensee of the PolyShield® resin patent in the United States and joined the lawsuit as a Plaintiff. Parties interested in purchasing PolyShield® resin in the United States should contact Auriga Polymers.
M&G has the right to appeal the Court’s and jury’s decisions.
INVISTA will continue to seek to enforce its PolyShield® resin patent through ongoing appellate and lower court proceedings in Germany and Italy, as well as continue to protect the company’s more than 700 patents and intellectual property.