DSM Dyneema to Appeal Patent Case Ruling

DSM will appeal against a ruling by a judge in the Court of Milan that one of its Patents is not valid, the company announced in a press release today.

According to DSM, the court case dates back to 2009 and was brought by DSM against EOS, a distributor based in Italy and Zhong Fang (also known as Beijing Tongyizhong), a Chinese based manufacturer of UHMWPE fibers. The allegation against both companies was that its fiber, mainly intended for use in rope applications, has infringed DSM’s patent number EP1126052.

A patent expert appointed by the judge argued that the patent obtained by DSM was not valid. DSM appointed an independent patent expert to review the evidence. His conclusion was that the patent is valid. As a result of his conclusion and the view of DSM’s own patent experts, DSM has decided that it will appeal the decision, the company said.

Discussing the latest developments in the legal process, Global Business Director at DSM Dyneema Edwin Grootendorst said, “Whilst we respect the ruling of the court we do not accept the judge’s decision and we are very disappointed she has come to this conclusion. All the evidence we have gathered points to the fact that our patent is valid. Clearly EOS and Zhong Fang infringed that patent and we will do all we can to mount a successful appeal. This case has made us more determined than ever to protect our IP for the sake of our customers as well as our own business. By protecting our IP we encourage innovation, which is a key driver for our business. This court case has confirmed to us that we have to remain vigilant regarding companies that might be infringing our patents and has made us even more determined to defend those patents anywhere in the world.”

The DSM Dyneema patent portfolio consists of more than 100 inventions that are protected by more than 500 filed patents and patent applications around the globe.