Firm brings patent suit against nine stretch film producers

By Frank Esposito
Senior Staff Reporter

Published: February 22, 2012 6:00 am ET

Related to this story

Topics Public Policy, Packaging, Film & Sheet

MEMPHIS, TENN. (Updated Feb. 23, 4:05 p.m. ET) — A technology licensing firm has filed a lawsuit against nine plastic film producers – including some of the industry’s biggest names - claiming that they are violating a patent on stretch cling film.

Multilayer Stretch Cling Film Holdings Inc. filed six lawsuits against those nine firms on Feb. 10 in U.S. District Court in Memphis, Tenn. Multilayer is a Wilmington, Del.-based firm that bought the patent from global stretch film processor Manuli Stretch Film Group SpA of Milan, Italy.

The nine firms named in the lawsuit are Alpha Industries Inc., Berry Plastics Corp., Inteplast Group Ltd., AmTopp Corp., Malpack Ltd., Alliance Plastics LLC, Intertape Polymer Group Inc., AEP Industries Inc. and Sigma Stretch Film. Berry, Sigma, Inteplast and AEP rank among North America’s 10 largest film and sheet makers, according to a recent Plastics News ranking. Intertape is in the top 25.

AmTopp is a unit of Inteplast. Alpha and Sigma both are owned by Sigma Plastics Group. Alliance resells film for Malpack, but does not make its own film.

Multilayer is seeking unspecified past damages, as well as forward licensing fees from those nine firms, according to attorney Melissa Hunter Smith. Hunter Smith is with the Nashville, Tenn.-based law firm of Stites & Harbison PLLC, which is representing Multilayer.

If the defendant firms don’t agree to license the patent technology, Multilayer will seek permanent injunctions preventing them from making film based on the patent, Hunter Smith said in a Feb. 22 phone interview.

“We’re not sure how much film has been made using this technology, but we believe it’s a lot,” she added.

Paragon Films Inc. already has agreed to license the technology. The patent covers stretch cling films of seven or more layers. The patented films claim to be stronger and more versatile than previous films, and also claim to provide economic and environmental benefits because they can be made at a lower cost per square foot.

Officials with Sigma in Lyndhurst, N.J.; and with Intertape in Montreal declined to comment on the case. Officials at AEP, Berry, Malpack, Alliance and Inteplast could not be reached for comment.

No court dates have been set in the case. In 2010, Multilayer and Stites & Harbison won a similar lawsuit against Pinnacle Films Inc. That suit resulted in a settlement of more than $2 million, which was paid by Pinnacle’s bankruptcy estate. The firm filed for bankruptcy shortly before the case was to go to trial. Inteplast – one of the firms named in the new lawsuits - bought Pinnacle’s assets as part of that bankruptcy.

Manuli had acquired the patent in 2007 when it bought Quintec Films Group. Quintec originally had filed the suit against Pinnacle in 2006. Manuli recently stopped film production at its North American plant in Shelbyville, Tenn., opting instead to import products from other Manuli plants to supply U.S. customers.

The suits are the first patent infringement cases filed in U.S. District Court for the Western District of Tennessee since its selection for the federal Patent Pilot Program. That program is designed to enhance expertise in patent cases among U.S. district judges.


Comments

Firm brings patent suit against nine stretch film producers

By Frank Esposito
Senior Staff Reporter

Published: February 22, 2012 6:00 am ET

Post Your Comments


Back to story


More stories

Image

Deal adds U.K. plant to DelStar

November 25, 2014 12:47 pm ET

Schweitzer-Mauduit International Inc. (SWM) is acquiring certain assets from the advanced wound management division of London-based Smith & Nephew...    More

Image

Onex buying packaging group SIG Combibloc

November 24, 2014 9:05 am ET

ex Corp. will buy SIG Combibloc Group, the Switzerland-based manufacturer of aseptic carton packaging and plastics closures from New Zealand's Rank...    More

Image

Indian plastics group targets waste

November 24, 2014 12:46 pm ET

An Indian plastics environmental group and the country's largest brand for packaged water, Bisleri International Pvt. Ltd., have launched a trial...    More

Image

Wilbur Ross steps down from IAC board

November 24, 2014 11:38 am ET

Financier Wilbur Ross Jr. has resigned from the boards of International Automotive Components Group SA and its subsidiaries due to new regulatory...    More

Image

EU sets consumption goal of 40 plastic bags per person by 2025

November 24, 2014 9:27 am ET

Representatives of European Union member states hammered out a deal Nov. 21 to reduce consumption of lightweight plastic bags to 40 bags per person pe...    More

Market Reports

Plastics in Brazil - State of the Industry Report

This in-depth report examines the Brazilian plastics industry from a historical and geographical context. Our analysts provide insight on economic trends and forecasts, growing manufacturing sectors that utilize plastics, private investment opportunities, market environment challenges, and innovations in R&D.

Data tables and charts on producer prices, trade, plastics production and end market indicators is also included.

Learn more

Plastics Recycling Trends in North America

This report is a review and analysis of the North American Plastics Recycling Industry, including key trends and statistics based on 2013 performance. We examine market environment factors, regulatory issues, industry challenges, key drivers and emerging trends in post-consumer and post-industrial recycling.

Learn more

Injection Molders Market Report & Ranking 2014

This special package contains our 132-page 2014 Market Report on the Injection Molding segment and our exclusive 2014 RANKINGS database of 500+ Injection Molders for a discounted package price.

Learn more

Upcoming Plastics News Events

January 14, 2015 - January 14, 2015Plastics in Automotive

February 4, 2015 - February 6, 2015Plastics News Executive Forum 2015

June 2, 2015 - June 3, 2015Plastics Financial Summit - Chicago 2015

September 16, 2015 - September 18, 2015Plastics Caps & Closures - September 2015

October 27, 2015 - October 29, 2015Plastics Financial Summit - New York - 2015

More Events