For Immediate Release
Momentive Specialty Chemicals Inc. Files Suit Against Hebei Shield Alleging
Infringement Of Its Patent For Production Of CARDURA™ Glycidyl Ester Monomers
Columbus, Ohio (Dec 6, 2011) – Momentive Specialty Chemicals Inc. (Momentive) announced today that it has filed suit in the Chinese court system for injunctive relief and damages against Bazhou-based Hebei Shield Excellence Technology Co. Ltd. (referred to as Hebei Shield below), alleging that the company is violating Momentive’s patent for the production of CARDURATM Glycidyl Ester Monomers.
“We have patented our process for producing CARDURA Glycidyl Ester Monomers, and our company strongly believes in enforcing our patent rights,” said Jorrit Klaus, Momentive’s VP Versatic Acid and Derivatives.
On November 24th 2011, the Suzhou Intermediate Court traveled to Hebei Province to conduct an on-site inspection of Hebei Shield’s manufacturing complex as part of an Evidence Preservation Action. During the site visit, Hebei Shield did not produce documents and samples requested by the court and, as a result, the court has required Hebei Shield to produce the requested materials within fifteen days.
In a separate matter, Momentive has filed an opposition action with the State Intellectual Property Office of the P.R.C. contesting the validity of Hebei Shield’s own process patent for the manufacture of glycidyl esters. “We take protection of our intellectual property very seriously and the Company will vigorously enforce those rights to the fullest extent of the law,” said Douglas A. Johns, Exec. VP, General Counsel.
CARDURA Glycidyl Ester Monomers are specialty derivatives of Momentive’s VERSATIC™ acids. They are a key ingredient in specialty coatings, such as those used in automotive, civil engineering, industrial, marine, coil and UV-curable coating systems. Momentive has actively been developing an IP portfolio of process patents, application patents and trademarks since it first introduced CARDURA Glycidyl Ester Monomers in the marketplace. CARDURA Glycidyl Ester Monomers provide a wide range of advance performance characteristics to finished coatings including superior appearance, UV stability and acid resistance.
Momentive has filed the infringement suit in the name of its affiliates, Resolution Research Nederland BV (patent owner) and Momentive Specialty Chemicals Management (Shanghai) Co., Ltd. (licensee). Momentive has filed the opposition action in the name of its affiliate Momentive Specialty Chemicals Management (Shanghai) Co., Ltd.
Momentive Performance Materials Holdings LLC is the ultimate parent company of Momentive Performance Materials Inc. and Momentive Specialty Chemicals Inc. (collectively, ‘‘Momentive’’). Momentive is a global leader in specialty chemicals and materials, with a broad range of advanced specialty products that help industrial and consumer companies support and improve everyday life. The company uses its technology portfolio to deliver tailored solutions to meet the diverse needs of its customers around the world. Momentive was formed in October 2010 through the combination of entities that indirectly owned Momentive Performance Materials Inc. and Hexion Specialty Chemicals Inc. The capital structures and legal entity structures of both Momentive Performance Materials Inc. and Momentive Specialty Chemicals Inc. (formerly known as Hexion Specialty Chemicals, Inc.), and their respective subsidiaries and direct parent companies, remain separate. Momentive Performance Materials Inc. and Momentive Specialty Chemicals Inc. file separate financial and other reports with the Securities and Exchange Commission. Momentive is controlled by investment funds affiliated with Apollo Global Management, LLC. Additional information about Momentive and its products is available at www.momentive.com.
Vice President, Public Affairs