ST. GABRIEL, La. - Ineos Fluor Americas LLC announced that Chief Administrative Law Judge Paul Luckern of the U.S. International Trade Commission (ITC), has issued an initial determination finding that Sinochem’s R-134a infringes on Ineos Fluor’s patent.

Three months ago, Sinochem, headquartered in Beijing, signed a consent order under which it agreed to cease U.S. imports and the sale of certain of its R-134a products within the United States. The company, however, continued to claim that its remaining R-134a imports did not infringe on Ineos Fluor’s patent. The judge’s decision confirmed Ineos’ position on the patent matter and his initial determination includes a recommendation that the ITC enter an exclusion order barring Sinochem’s imports and sales of all of its R-134a in the United States.

“Ineos is committed to vigorously protecting its intellectual property,” said Peter Geosits, Ineos Fluor Americas’ commercial director. “We are delighted with the judge’s decision. It is a testament to the diligent work by the developers of the world’s leading process for producing R-134a and to the dedication of our St. Gabriel, La., employees to the safe and efficient manufacture of this product today.”

An exclusion order issued by the ITC will make it unlawful for Sinochem to import or sell R-134a, made by either of its manufacturing processes, in the United States for the life of Ineos Fluor’s patent.

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Publication date:01/05/2009