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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