HANNOVER, Germany – (BUSINESS WIRE) – 14 Apr 2021–
On April 6, 2021, the German Federal Court (Bundesgerichtshof) ruled in favor of Solvay in the patent cancellation case filed by Neo Chemicals & Oxides (Europe) Ltd. against patents relating to recent ceric oxide products consisting of catalysts to minimize emissions. next-generation automotive engines, and catalysts comprising ceric oxide products.
The appeal case in the German Federal Court (Bundesgerichtshof) overturned the cancellation decision by the Federal Patent Court (Bundespatentgericht) in January 2019 regarding the German designation of patent EP 1 435 338 B1. This appeal decision is final and conclusive (file number X ZR 54/19 – BGH).
The Mannheim Regional Court (Landgericht Mannheim) decided in December 2017 that Neo Chemicals & Oxides (Europe) Ltd. (“Neo”) has infringed Solvay’s patent by supplying certain cerium oxide materials in Germany. In its judgment, the Mannheim court barred Neo and two of its directors from offering, marketing, using, or importing (or owning for that reason) infringing products in Germany. The court further held that Neo was responsible for damages in connection with their past sale of the infringing ceric oxide product and needed to provide a tally of the infringing activity. Neo appealed the decision to the High District Court (Oberlandesgericht) in Karlsruhe in January 2018. The infringement appeal has been adjourned by the Karlsruhe Court pending a Federal Court decision. With its final validity and conclusively established, the German infringement appeal process will continue. In addition, Solvay will seek compensation for patent infringement in German courts.
As previously announced, British courts in two cases also found the patents valid and infringed by Neo. Another British court case is underway to determine the amount of damages Neo must pay Solvay based on this offense.
Neo is part of the Chemicals and Oxides segment of the Neo Performance Materials Inc. group. The Chemicals and Oxides Segment production facilities are located in Zibo, China, and Sillamäe, Estonia.
Respect for intellectual property rights is essential for free and fair competition. Solvay will continue to take action to enforce its rights against offenders. Solvay will help its customers to solve any difficulties caused by Neo conformity risk.
Solvay is a science company whose technology benefits many aspects of everyday life. With more than 23,000 employees in 64 countries, Solvay engages people, ideas and elements to reinvent progress. The Group strives to create shared, sustainable value for all, especially through its Solvay One Planet plan, which is structured around three pillars: protecting the climate, conserving resources and fostering a better life. The Group’s innovative solutions contribute to safer, cleaner and more sustainable products found in homes, food and consumer goods, aircraft, cars, batteries, smart devices, healthcare applications, water and air purification systems. Founded in 1863, Solvay today ranks among the world’s top three companies for most of its activities and generates net sales of € 9 billion in 2020. Solvay is listed on Euronext Brussels (SOLB) and Paris and in the United States, where the company The stock (SOLVY) is traded via the Level I ADR program. Learn more at www.solvay.com.
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PUB: 04/14/2021 03:00 AM / DISC: 04/14/2021 03:01
Business Wire Copyright 2021.