Dorf Ketal Chemicals India Private Ltd. issued a statement on Wednesday rebutting “recent claims made by Infineum regarding recent intellectual property rulings in South Korea.”
Sudhir Menon, chairman and managing director of Dorf Ketal, said that the “litigation process in the complex South Korean process is not completed,” in contrast to a statement issued by Infineum earlier.
Last Friday, Infineum announced that the Korean Supreme Court has “upheld the validity of an important Infineum diesel fuel lubricity patent for Infineum R655.” Infineum also said that the Korean Trade Commission (KTC) has ruled that a competing Dorf Ketal product, SR-2010, had infringed on its patent.
“The KTC imposed the largest fine the KTC has ever issued for this kind of case. Infineum has now filed a claim for monetary damages which is proceeding in the Seoul Central District Court,” Infineum said in a statement.
“Dorf Ketal did not fight the Supreme Court’s decision referenced by Infineum because the Infineum patent was expired and Infineum had not sought damages at the time,” Dorf Ketal said in a statement issued on October 11.
“One positive result due to the invalidation suit filed by Dorf Ketal was that Infineum significantly narrowed its claims from the earlier very broad claim in its Korean patent. The infringement suit referenced by Infineum is pending at the District Court level. Dorf Ketal has filed a new invalidation suit based on multiple pieces of strong new prior art and is confident of a favourable decision.”
Dorf Ketal said it has appealed the ruling of the Korean Trade Commission and “expects it will be cancelled.”
The company added that “Korea is the only country in the world where there is any conflict on this issue between the two companies.” It added that Infineum had “requested Dorf Ketal to drop prior invalidation actions in Singapore, as the patent was close to expiry.”
Menon said Dorf Ketal “is fully committed to supplying and supporting the use of its special grades of lubricity additives in ultra-low sulfur diesel (ULSD) produced by its Korean customers.”
Dorf Ketal Chemicals India Private Ltd. is a privately owned specialty chemical company based in Mumbai, India, with operations in Asia-Pacific, China, Europe, South America and North America. Dorf Ketal acquired UOP Refining Chemicals’ Fuel Additive business in 2001.