The PET resin patent war rumbles on between M&G Group and Invista.
On July 8, the European Patent Office revoked Invista’s patent relevant to PET barrier resin products in all 38 EPO countries. The EPO revocation has led Invista to withdraw its appeal of a patent challenge vs. M&G in Germany, officials with Tortona, Italy-based M&G said in a July 10 news release.
Previously, M&G had won legal challenges vs. Wichita, Kan.-based Invista in Italy and Germany. In both cases, Invista had claimed that M&G’s PoliProtect-brand PET resins violated Invista patents.
In the release, M&G President and CEO Marco Ghisolfi said that his firm “welcomes the EPO’s decision, as it confirms [M&G’s] original position that Invista had no valid rights within this patent.”
The decision is a win for M&G after the firm in May was served a permanent injunction by U.S. District Court in Wilmington, Del., for infringing on Invista’s patent for PolyShield-brand PET resin. M&G is appealing that decision.
The same court ruled in August 2013 that M&G’s PoliProtect APB and JB resins infringed on the PolyShield patent. M&G ranks as one of the world’s largest PET makers. Invista exited commodity PET production in 2011 but continues to hold PET-related patents.