Washington appeal court reverses verdict against Süd-Chemie Inc.

01-Aug-2002
Munich, 29 July 2002 - As published on 6 February, 2001, Süd-Chemie Inc. (SCI), a company under the majority ownership of Süd-Chemie AG, was ordered in the first instance by the District Court in Houston, Texas, USA, to pay US$78 million, including interest and lawyers´ fees, on the grounds of alleged deliberate infringement of two patents belonging to Southern Clay Products Inc. As expected by Süd-Chemie, this verdict was not upheld by the United States Court of Appeal for the Federal Circuit in Washington. It was finally reversed in part at the end of July 2002 since one patent was null and void. At the same time the assessed claims for damages and reimbursement of costs were entirely reversed in favour of Süd-Chemie Inc. With regard to the other patent, the case was referred back to the first instance court on various grounds, including the lack of a full and fair hearing. Süd-Chemie is confident that the remainder of the patent action referred back to the first instance court, subject to certain conditions, will be decided in favour of Süd-Chemie. Overall, the verdict by the appeal court confirms the legal opinion held by Süd-Chemie.

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