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

'Thermoforming has nearly limitless possibilities'

April 18, 2014 12:54 pm ET

Julie McAlindon of PolyOne Corp. speaks about the future of thermoforming and the integration of Spartech Corp.    More

Image

Ascend targets nylon for auto applications, opening propylene monomer unit in Texas

April 18, 2014 10:57 am ET

Materials firm Ascend Performance Materials Inc. is in full operation at its new nylon 6/6 compounding line in Florida and will break ground by the...    More

Dutch company launching $100 million PP, PE recycling plant

April 18, 2014 10:42 am ET

Quality Circular Polymers is building a new plastics recycling operation in Geleen, the Netherlands' Chemelot industrial chemical site, with a...    More

Lumena suspends trading, delays report amid claims of 'misrepresenting' financials

April 18, 2014 10:19 am ET

China Lumena New Materials Corp., which says it has the world's largest manufacturing capacity for polyphenylene sulfide resin, has suspended its...    More

PolyQuest spins off FiberQuest unit

April 18, 2014 10:14 am ET

PolyQuest Inc. has spun off its FiberQuest unit — which distributes polyester staple fibers and cotton — as a separate company.    More

Market Reports

Thermoformed Packaging 2014 Market Review & Outlook North America

This in-depth report provides analysis and discussions of economic and political conditions, market trends, legislative/regulatory activity impacting supply and demand, business opportunities and threats, materials pricing, manufacturing technology, as well as strategies being implemented by thermoformed packaging companies. In addition, there are reviews of 25 leading thermoformers in the packaging segment, assessing their growth initiatives and performance metrics over 10 years.

Learn more

Automotive Market Review and Outlook 2014 The Americas

This 75-page report features in-depth analysis of the automotive industry for the Americas. It includes discussions of market trends, legislative/regulatory activity impacting production and threats as well as design strategies being implemented by the major automakers. Detailed charts and data tables outline North American automotive production over the last five years.

Learn more

Plastics Building & Construction Market Review and Outlook 2014 with MS Excel chart data

This report provides in-depth analysis of the plastic building and construction market for North America, including discussions of trends, opportunities, threats and the latest developments in construction trends that impact plastics processors.

Learn more

Upcoming Plastics News Events

May 6, 2014 - May 8, 2014Plastics in Medical Devices 2014

May 12, 2014 - May 12, 2014Plastics News Brazil Pharma Summit

September 10, 2014 - September 12, 2014Plastics Caps & Closures 2014

February 3, 2015 - February 7, 2015Plastics News Executive Forum 2015

More Events