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By Frank Esposito
SENIOR STAFF REPORTER
Published: August 21, 2013 12:55 pm ET
In a clash of PET resin titans, Invista and a unit of Indorama Polymers have won a patent infringement case against M&G Group.
U.S. District Court in Wilmington, Del., recently ruled that M&G infringed on Invista's patent for PolyShield-brand PET resin. Auriga Polymers — an Indorama unit — is Invista's exclusive U.S. licensee for PolyShield technology.
The court ruled that M&G's PoliProtect-brand APB and JB resins infringed on the PolyShield patent. A jury in the same court had reached a similar decision in July, officials with Wichita, Kan.-based M&G said in an Aug. 21 news release.
PolyShield's barrier technology was designed to meet the shelf life and barrier requirements of oxygen-sensitive food and beverages, including beer, juice, and wine. Bottles produced from the resin meet performance criteria of brewers around the world, according to Invista.
The decision "brings certainty and clarity to the polyester food packaging market," officials said in the release.
An Invista spokesman said damages will be determined at a later date.
Invista filed the suit in 2011 against M&G, which is based in Tortona, Italy, and operates a regional headquarters in Houston. Auriga later joined the suit as a plaintiff.
Auriga consists of the PET assets in Spartanburg, S.C., that Invista sold to Indorama in 2011. Bangkok-based Indorama now operates 850 million pounds of annual PET rein capacity and 155 million pounds of annual PET fiber capacity at the site.
M&G can appeal both the court and jury decisions. Officials with the firm could not be reached for comment.
Invista exited commodity PET when it made the sale to Indorama, but the firm remains one of the world's largest makers of nylon 6/6 resins and compounds.
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