American Huntsman Textile Effects wins Chinese patent infringement
The Intermediate People’s Court in Shanghai, China ruled in the case of Huntsman Textile Effects against Shanghai Colva Dyestuff Industry Co., Ltd. (Colva), a manufacturer of textile dyes and intermediates in China, for infringing Chinese Patent NO. ZL00106403.7. Patent owner is Huntsman. Colva forms part of Zhejiang Longsheng Group, in turn owning a majority stake in the DyStar group
The judgment found Colva liable for infringing Huntsman’s Chinese Patent, by manufacturing, and selling Colvazol Super Black LC-G and Colvazol Super Black LC-R. The order specifies that Colva has to stop infringing Huntsman’s Chinese patent and pay damages to Huntsman since Huntsman’s patent was duly registered with the State Intellectual Property Office in 2004 as a true innovation for producing deep black shades. How much the damage payments will be Huntsman did not reveal.
The infringing Colva’s products were found at textile mills in various countries, resulting in significant commercial damage to Huntsman’s Textile Effects division. Samples of the infringing products were collected and analysed by independent laboratories to support and substantiate the patent infringement action.
Huntsman has been granted patent protection for NOVACRON® Super Black G and NOVACRON® Super Black R, in many countries. Making, using, importing or selling non-Huntsman products that use Huntsman’s patented chemistry for these two product lines is an infringing act. Companies that operate textile dyes business, and those that source from the textile supply chain, should exercise due care to avoid any infringement risk.
Huntsman is fully committed to protect its intellectual property rights in all countries where it operates and where its products are marketed and sold. Steve Gray, Huntsman Textile Effects Vice President of Strategic Marketing and Planning stated:”This judgment is significant, as well as being a landmark ruling for Huntsman. It confirms to the world that the Chinese courts are ready, willing and able to protect and uphold valuable intellectual property rights of both domestic and multinational companies. This will further encourage companies like Huntsman to continue in innovative R&D of new products.