NOVAMONT
International patent quarrel with Biotec shows no signs of letting up
A Europe-wide patent dispute between Novamont (Novara / Italy; www.novamont.com) and Biotec Biologische Naturverpackungen (Emmerich / Germany; www.biotec.de) concerning biologically degradable materials has entered its next round. Novamont told Plasteurope.com that it intends to appeal a 16 April 2010 Paris court ruling in the case.
The legal dispute centres on three Novamont patents for reinforcing blends of the first Mater-Bi generation. The Paris-based Tribunal de Grande Instance confirmed the legal validity of two patents (EP0327505 and EP0947559), but declared the third (EP0937120) to be invalid. The ruling also stipulated that the Italian company pay EUR 50,000 each to Biotec and SPhere – one of Biotec’s holding companies.
Biotec says it has won the legal quarrel, which has been raging since 2007. A company press release asserts that the judges categorically dismissed Novamont’s lawsuit alleging patent abuse – a decision, Biotec says, that will influence the ongoing patent dispute. A related lawsuit is currently being heard in Italy. One of the three Novamont patents in force (EP0327505) had meanwhile expired, Biotec added, and was declared inadmissible by the German Federal Patent Court.
According to Novamont, the Paris court in fact confirmed the legal validity of two patents and was unable to prove a patent violation in the third case since production samples of the accused company had not been examined by a court-ordered expert appraisal. Stefano Fracco, director of Novamont’s product development, says the court ruling is a stalemate. While the court failed to prove that patents had been violated, it also did not prove that they had not. Biotec director Uwe Beythin dismisses such claims. “We did not violate any patents,” he says, adding that his company had its own research and development efforts and was exploring entirely different avenues. One example: While Novamont uses corn starch and plasticisers in its products, Biotec prefers using potatoe starch without any plasticisers.
The legal dispute centres on three Novamont patents for reinforcing blends of the first Mater-Bi generation. The Paris-based Tribunal de Grande Instance confirmed the legal validity of two patents (EP0327505 and EP0947559), but declared the third (EP0937120) to be invalid. The ruling also stipulated that the Italian company pay EUR 50,000 each to Biotec and SPhere – one of Biotec’s holding companies.
Biotec says it has won the legal quarrel, which has been raging since 2007. A company press release asserts that the judges categorically dismissed Novamont’s lawsuit alleging patent abuse – a decision, Biotec says, that will influence the ongoing patent dispute. A related lawsuit is currently being heard in Italy. One of the three Novamont patents in force (EP0327505) had meanwhile expired, Biotec added, and was declared inadmissible by the German Federal Patent Court.
According to Novamont, the Paris court in fact confirmed the legal validity of two patents and was unable to prove a patent violation in the third case since production samples of the accused company had not been examined by a court-ordered expert appraisal. Stefano Fracco, director of Novamont’s product development, says the court ruling is a stalemate. While the court failed to prove that patents had been violated, it also did not prove that they had not. Biotec director Uwe Beythin dismisses such claims. “We did not violate any patents,” he says, adding that his company had its own research and development efforts and was exploring entirely different avenues. One example: While Novamont uses corn starch and plasticisers in its products, Biotec prefers using potatoe starch without any plasticisers.
20.05.2010 Plasteurope.com [216250]
Published on 20.05.2010
German version of this article...