CINPRES GAS INJECTION
European patent victory against Melea´s overflow technology / Dispute over US patent
A major victory is being claimed by UK gas-assisted moulding specialist, Cinpres Gas Injection (CGI, GB-Middlewich CW10 0GD; www.gasinjection.com) following the revoking of a European patent held by Gibraltar-based Melea. The two companies are long-standing rivals over the technology for gas-assisted moulding and have regularly challenged each other´s patents and knowhow. This latest legal ruling, made in Munich on 24 September 2003, concerned Melea´s European patent EP 0 424 435 relating to the use of overflow wells, or spill cavities, employed to improve mould filling.
“It has been a long hard battle in establishing that Melea´s overflow patent should never have been granted,” said CGI director Steve Jordan, after hearing the verdict in CGI´s favour. “This is a major victory for Cinpres and our licensees.”
The decision to revoke the patent, says CGI, was made despite Melea volunteering a restricting amendment to the main claim of the patent in order to distinguish it from a recently discovered French patent dating from the 1950s. The offer of other amendments by Melea´s attorneys were also rejected. It is understood, however, that an appeal against the verdict is being prepared by Melea.
According to chairman Terry Pearson, the revoking of the patent strengthens Cinpres´s promotion of its PEP (Plastic Expulsion Process) technology, which, he says, has many advantages over Melea´s open runner system relating to ‘the timing of the gas to modulate the amount of plastic displaced´ that was the basis for Melea´s European patent.
Melea´s patents are licensed worldwide by Michigan- based Gain Technologies (www.gaintechnologies.com) and the decision made in Munich will not affect a similar patent it holds in the US. This is the subject of another legal dispute, initiated by Gain in June 2002, which claims Steve Jordan and Cinpres misrepresented to the plastic industry that they had rights to Gain´s “spillover” process. Meanwhile, the US Patent Office has informed CGI that its two PEP patent applications filed in 2001 are soon to be issued.
“It has been a long hard battle in establishing that Melea´s overflow patent should never have been granted,” said CGI director Steve Jordan, after hearing the verdict in CGI´s favour. “This is a major victory for Cinpres and our licensees.”
The decision to revoke the patent, says CGI, was made despite Melea volunteering a restricting amendment to the main claim of the patent in order to distinguish it from a recently discovered French patent dating from the 1950s. The offer of other amendments by Melea´s attorneys were also rejected. It is understood, however, that an appeal against the verdict is being prepared by Melea.
According to chairman Terry Pearson, the revoking of the patent strengthens Cinpres´s promotion of its PEP (Plastic Expulsion Process) technology, which, he says, has many advantages over Melea´s open runner system relating to ‘the timing of the gas to modulate the amount of plastic displaced´ that was the basis for Melea´s European patent.
Melea´s patents are licensed worldwide by Michigan- based Gain Technologies (www.gaintechnologies.com) and the decision made in Munich will not affect a similar patent it holds in the US. This is the subject of another legal dispute, initiated by Gain in June 2002, which claims Steve Jordan and Cinpres misrepresented to the plastic industry that they had rights to Gain´s “spillover” process. Meanwhile, the US Patent Office has informed CGI that its two PEP patent applications filed in 2001 are soon to be issued.
23.10.2003 Plasteurope.com [14007]
Published on 23.10.2003