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Ingevity to challenge US court ruling in patent infringement case against BASF

November 23/2020

MOSCOW (MRC) -- Ingevity says it intends to challenge a decision of the US District Court for the District of Delaware regarding a patent-infringement complaint brought by Ingevity against BASF, reported Chemweek.

Ingevity says the courts decision is based on an inaccurate interpretation of intellectual property (IP) law. Ingevitys suit against BASF alleges that BASF infringed an Ingevity patent through testing canister systems using a BASF-developed product that Ingevity says would likely compete with Ingevitys honeycomb technology, the company says.

According to Ingevity, its patent covers certain canister systems designed to achieve gasoline vapor emission levels that comply with the most stringent US Environmental Protection Agency tier 3 and California LEV III regulations. The company notes that its patent rights preclude third parties - including competitors, suppliers, testing facilities, and automotive original equipment manufacturers - from engaging in development activities such as prototype creation, testing, marketing, and qualifying that fall within any of the patents claims until March 2022, when it is set to expire.

We intend to pursue our remedies to overturn this decision, including an appeal to the Court of Appeals for the Federal Circuit, if necessary. Ingevity is the established technology leader in providing world-leading products for use in automotive evaporative emissions-control systems. Our leadership and expertise in this application are unique and it is incumbent upon us to defend our innovations against infringement - including premature development activity - for the benefit of our customers and shareholders, says Ed Woodcock, executive vice president and president/performance materials at Ingevity.

The company says the courts decision is expected to have a limited impact on its commercial operations or financial results through patent expiration in March 2022. It notes that the decision by the US District Court has no bearing on one of the company's other patents in the area of canisters designed to reduce emissions in new, emerging low-purge engines. This IP is currently protected by patents in the US, as well as China and Europe, it says.

As MRC informed previously, German chemicals maker BASF said in early November it had put a project to build a petrochemicals complex in India worth up to USD4 billion on hold due to the economic uncertainty caused by the COVID-19 pandemic. BASF signed a memorandum of understanding with Abu Dhabi National Oil Company (ADNOC), Adani Group and Borealis AG in October 2019 to evaluate a collaboration to build the chemical site in Mundra, in Indias Gujarat state.

Ethylene and propylene are feedstocks for producing polyethylene (PE) and polypropylene (PP).

ccording to MRC's ScanPlast report, Russia's estimated PE consumption totalled 1,594,510 tonnes in the first nine months of 2020, up by 1% year on year. Only high denstiy polyethylene (HDPE) shipments increased. At the same time, PP shipments to the Russian market reached 880,130 tonnes in the nine months of 2020 (calculated using the formula: production minus exports plus imports, exluding producers' inventories as of 1 January, 2020). Supply increased exclusively of PP random copolymer.

BASF is the leading chemical company. It produces a wide range of chemicals, for example solvents, amines, resins, glues, electronic-grade chemicals, industrial gases, basic petrochemicals and inorganic chemicals. The most important customers for this segment are the pharmaceutical, construction, textile and automotive industries.
Author:Margaret Volkova
Tags:Europe, PP, PE, PP random copolymer, propylene, HDPE, ethylene, petrochemistry, BASF, Germany, India, China, Russia, USA.
Category:General News
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