Innospec Inc. Wins Major Patent Dispute
February 24 2006 - 11:59AM
Business Wire
Innospec Inc. (NYSE: IOP) today announced that one of its
subsidiaries in the UK, The Associated Octel Company Limited, has
achieved a notable victory in its long-running invalidity action
against an important patent owned by Infineum USA LP. In a final
decision, the Technical Board of Appeal of the European Patent
Office (EPO) agreed with Innospec and three other opponents that
the patent (EP 0743974) was not inventive, and ordered it to be
revoked. The decision revokes not only the United Kingdom Patent,
but the equivalent patent in all European countries where it was in
force through grant by the EPO. Infineum's patent, which covered
the use in low sulphur diesel fuel of a combination of ester-based
lubricity enhancers with EVA cold flow improvers, was granted in
2000, and had been the subject of proceedings to revoke it for more
than 5 years. This latest success completes a series of similar
actions that have been concluded in the past year, the overall
result of which has been to open up the field of diesel additives,
and give customers much less restricted choice. Innospec and the
same three other opponents as noted above also opposed European
Patent EP 0743972 owned by Infineum covering the use in diesel fuel
of a combination of polar nitrogen compounds and ester lubricity
enhancers, arguing, as last week, that it was not inventive: the
Board of Appeal agreed, and revoked the patent. Similarly,
Infineum's EP 0764198, covering a combination of polar nitrogen
compounds and EVA was also revoked for lack of inventive step. The
major part of yet another patent owned by Infineum, EP 0807155,
which was for diesel fuel containing succinimide detergents and
ester lubricity enhancers, was also revoked by the EPO last
November following proceedings brought by two opponents, including
Innospec. Patent attorneys Appleyard Lees worked with a team of
specialist patent litigators from Addleshaw Goddard to help
Innospec achieve its latest success. A spokesperson for Innospec
stated, "As an innovator and owner of substantial intellectual
property, we respect patents owned by others. However, we remain
fully committed to taking action to defend the right of customers
to choose to purchase Innospec's products when we believe they are
unfairly prevented from doing so. Customers will now be free to use
Innospec's lubricity additives free from the risk of being sued for
infringement of these invalid patents." About Innospec Inc.
Innospec Inc. is an international specialty chemical company with
almost 1,000 employees in 23 countries. Innospec divides its
operations into three distinct business areas: Fuel Specialties,
Performance Chemicals, and Octane Additives. Together, the three
businesses manufacture and supply a wide range of specialty
chemicals to markets in the Americas, Europe, the Middle East,
Africa and Asia-Pacific. Innospec's Fuel Specialties business
specialises in manufacturing and supplying the fuel additives that
help improve fuel efficiency, boost engine performance and reduce
harmful emissions. Innospec's Performance Chemicals business
includes a range of companies that manufacture performance
chemicals used in the manufacture of such items as personal care
products, household detergents, crop protection chemicals as well
as in the plastics, paper and fungicides and in the metal plating
and oil industries. Innospec's Octane Additives business is the
world's only producer of tetra ethyl lead (TEL). The management
team has a clear strategy in place to ensure the Company maximizes
shareholder value from TEL supply while monitoring and reducing
production in line with global demand.
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