Court rules on fly ash chelating agent patent infringement
Tokyo, Japan—The Intellectual Property High Court handed down a ruling in favor of Tosoh Corporation (Tosoh) on December 22, 2011, thereby settling a nearly three-year dispute between Tosoh and Miyoshi Oil & Fat Co., Ltd. (Miyoshi) over Japanese Patent No. 3391173 regarding a fly ash chelating agent.
The ruling concurs with the complaints made by Tosoh regarding Miyoshi and is therefore similar to the first trial ruling by the Tokyo District Court in November 2010. It deems Tosoh’s claim to the patent to be valid and stipulates that relevant Miyoshi products infringed on the intellectual property rights of Tosoh.
This long-running litigation included two appeal proceedings by Miyoshi that the Intellectual Property High Court’s ruling effectively dismisses. The ruling also awards damages, about which Tosoh will comment only after a close examination of the contents of the documents pertaining to the court’s ruling.
Patent:
Japan Patent No. 3391173
“Fly ash chelation method and chelating agent”
Sequence of the lawsuit:
January 15, 2007
Tosoh Corporation (plaintiff) takes legal action against Miyoshi
(defendant)
November 18, 2010
First trial
Summary of ruling:
1. Injunction of manufacturing and sale by defendant
2. Disposal of relevant products of defendant
3. Award of damages and penalty interest to plaintiff in the amount of
¥1.2 billion
November and December 2010
Appeals by Miyoshi (first trial defendant) and Tosoh (first trial plaintiff) to the Intellectual Property High Court
December 22, 2011
Appeals court
Summary of ruling:
1. Injunction of manufacturing and sale by first trial defendant
2. Disposal of relevant products of first trial defendant
3. Award of damages and penalty interest to first trial plaintiff in the amount of ¥1.8 billion
TOSOH CORPORATION
WHO WE ARE
Tosoh Corporation is a Japanese chemical company established in 1935 and listed on the First Section of the Tokyo Stock Exchange. It is the parent of the Tosoh Group, which comprises 140 companies worldwide and a multiethnic workforce of over 11,000 people and generated net sales of ¥684.4 billion (US$8.2 billion at the year-end rate of ¥83.15 to the US dollar) in fiscal 2011, ended March 31, 2011.
WHAT WE DO
Tosoh is one of the largest chlor-alkali manufacturers in Asia. The Company supplies the plastic resins and an array of the basic chemicals that support modern life. Tosoh's petrochemical operations supply ethylene, polymers, and polyethylene, while its advanced materials business serves the global semiconductor, display, and solar industries. Tosoh has also pioneered sophisticated bioscience systems that are used for the rapid diagnosis of life-threatening diseases, such as diabetes and certain cancers, and to prevent epidemics by identifying pathogenic microbes. In addition, Tosoh develops products and provides services to purify water and to monitor the environment as part of a commitment to a sustainable future.
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