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Court rules in favor of Invista in PET patent case

By: Frank Esposito

May 13, 2014

U.S. District Court in Wilmington, Del., has granted materials firm Invista a permanent injunction against M&G Group relating to infringement of Invista’s patent for PolyShield-brand PET resin.

M&G is appealing the May 5 ruling. Auriga Polymers — a unit of Indorama Polymers — is Invista's exclusive U.S. licensee for PolyShield technology.

In a May 13 news release, officials with Wichita, Kan.-based Invista said that “as reflected by the entry of the injunction order, Invista is committed to enforcing its strong patent portfolio and protecting its intellectual property assets and the interests of its customers.

The same court ruled in August 2013 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.

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.

Wichita, Kan.-based 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.

M&G claimed in an August 2013 news 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.