Invista claims victory in PET patent case, M&G Group plans appeal

By Frank Esposito
Senior Staff Reporter

Published: August 21, 2013 12:55 pm ET
Updated: August 23, 2013 2:07 pm ET

Related to this story

Topics Materials, Materials Suppliers, Legal
Companies & Associations Indorama Ventures Public Co. Ltd.

In a clash of PET resin titans, Invista and a unit of Indorama Polymers say they have won a patent infringement case against M&G Group. Yet M&G called the decision "a quasi-complete, across-the-board defeat of [Invista's] legal claims," and said it plans to appeal.

U.S. District Court in Wilmington, Del., recently ruled that M&G infringed on Invista's patent for PolyShield-brand PET resin. Auriga Polymers — an Indorama unit — is Invista's exclusive U.S. licensee for PolyShield technology.

The court ruled that M&G's PoliProtect-brand APB and JB resins infringed on the PolyShield patent. A jury in the same court had reached a similar decision in July, officials with Wichita, Kan.-based M&G said in an Aug. 21 news release.

PolyShield's barrier technology was designed to meet the shelf life and barrier requirements of oxygen-sensitive food and beverages, including beer, juice, and wine. Bottles produced from the resin meet performance criteria of brewers around the world, according to Invista.

The decision "brings certainty and clarity to the polyester food packaging market," officials said in the release.

An Invista spokesman said damages will be determined at a later date.

Invista filed the suit in 2011 against M&G, which is based in Tortona, Italy, and operates a regional headquarters in Houston. Auriga later joined the suit as a plaintiff.

Auriga consists of the PET assets in Spartanburg, S.C., that Invista sold to Indorama in 2011. Bangkok-based Indorama now operates 850 million pounds of annual PET rein capacity and 155 million pounds of annual PET fiber capacity at the site.

In a statement released on Aug. 23, M&G CEO Marco Ghisolfi complained about Invista's news release that claimed a victory in the lawsuit.

"I consider unfortunate that Invista attempted to portray a quasi-complete, across-the-board defeat of their legal claims, as a victory," Ghisolfi said. "My sales organization will be in contact with all clients to correct with facts any misperceptions which may have arisen from Invista['s] press release, which I personally consider quite misleading."

M&G claimed in its release that courts in Germany and Italy have ruled that M&G did not infringe on Invista's patents. The company claims that Invista initially brought action against M&G under three patents, and that all claims except one — which M&G plans to appeal — were rejected or voluntarily dismissed.

Invista exited commodity PET when it made the sale to Indorama, but the firm remains one of the world's largest makers of nylon 6/6 resins and compounds.


Comments

Invista claims victory in PET patent case, M&G Group plans appeal

By Frank Esposito
Senior Staff Reporter

Published: August 21, 2013 12:55 pm ET
Updated: August 23, 2013 2:07 pm ET

Post Your Comments


Back to story


More stories

Image

Lower oil prices will continue to impact PE, PP resin pricing

March 2, 2015 2:05 pm ET

Lower oil prices will continue to affect North American markets for polyethylene and polypropylene resin in the months ahead.    More

Image

BASF keeps innovating to drive customers

March 2, 2015 11:39 am ET

Materials giant BASF Performance Materials is keeping innovation alive with new products and processes.    More

Image

BASF earnings up despite 'disappointing economic development' for Europe

March 2, 2015 10:50 am ET

Chemicals giant BASF SE said Feb. 27 it had hit its goal for 2014, increasing earnings, “despite the disappointing economic development in...    More

Image

Borealis reports record profit for 2014

March 2, 2015 10:29 am ET

Borealis AG, the Austria-headquartered chemicals giant, announced record annual net profits, numbers the group said were boosted by improved margins...    More

Image

Experts explain why resin sales are down in a healthy US economy

February 27, 2015 1:58 pm ET

The economies of the U.S. and Canada posted solid growth in 2014 — even though resin demand in those countries lagged behind.    More

Market Reports

Flexible Packaging Trends in North America

North America represents about 30 percent of the global consumption of flexible packaging. Annual growth in this region is forecast at 4 percent during the next 5 years.

For more insight on growth opportunities, drivers of growth and the outlook for 2015, download this report.

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

Plastics in Mexico - State of the Industry Report

This report analyzes the $20 billion plastics industry in Mexico including sales of machinery & equipment, resins and finished products.

Our analysts provide insight on business trends, foreign investment, top end markets and plastics processing activity. The report also provides important data on exports, production, employment and value of plastics products manufactured.

Learn more

Upcoming Plastics News Events

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

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

More Events