CINPRES
Gas-assisted injection moulding: US firm apologises and pays damages / Admission that patents are not infringed
In what should be the last round of a long-running legal battle, the US firm Gain Technologies, through its licensing company Gain & Melea, has withdrawn a legal action against Cinpres Ltd (Ninian Park, GB-B77 5ES Tamworth) which alleged the British firm had infringed the Gain patents for gas-assisted injection moulding. Cinpres took out a High Court action some 18 months ago in response to a series of statements made by Gain – which appeared in the plastics press and in letters to potential and existing customers – that Cinpres had obtained its own patents by fraudulent means. That allegation has now been withdrawn and Gain & Melea has admitted it is not aware of any infringement of the Gain patents by Cinpres.
Gain & Melea will have to pay damages and costs associated with the legal action, which was withdrawn just ahead of the initial court hearing. In order to prevent these payments not being made, Cinpres has invoked a High Court order that freezes Gain & Melea´s worldwide patent portfolio. This will not be lifted until the Cinpres costs are settled.
Cinpres was the first company to successfully commercialise the gas injection process, in the early 1980s, and took out relevant patents to protect its development. Subsequently, says Cinpres managing director Steve Jordan, Gain filed for its own patents and, in so doing, attempted to “backdate” their content prior to the Cinpres patents.
As a result of the latest legal battle, Jordan says Cinpres licencees can use the company´s knowhow with confidence and continue to make gas-assisted products successfully. He warns, however, that he will not hesitate to take legal action against any other company that infringes the Cinpres patents, although: “We don´t take the view that we are going out into the market to sue everybody.”
Jordan says that gas-assisted injection moulding remains a growth market. The industry is moving ahead at an estimated 15% a year in Europe, spurred by success in the TV and car markets. Typical automotive applications in widespread use include grab handles, glove/map pockets and external rubbing strips. After the economic downturn in SE Asia, where the gas-assisted process has been welcomed enthusiatically, Jordan says firms in Korea and Taiwan are now bouncing back and “are more competitive than ever”.
Gain & Melea will have to pay damages and costs associated with the legal action, which was withdrawn just ahead of the initial court hearing. In order to prevent these payments not being made, Cinpres has invoked a High Court order that freezes Gain & Melea´s worldwide patent portfolio. This will not be lifted until the Cinpres costs are settled.
Cinpres was the first company to successfully commercialise the gas injection process, in the early 1980s, and took out relevant patents to protect its development. Subsequently, says Cinpres managing director Steve Jordan, Gain filed for its own patents and, in so doing, attempted to “backdate” their content prior to the Cinpres patents.
As a result of the latest legal battle, Jordan says Cinpres licencees can use the company´s knowhow with confidence and continue to make gas-assisted products successfully. He warns, however, that he will not hesitate to take legal action against any other company that infringes the Cinpres patents, although: “We don´t take the view that we are going out into the market to sue everybody.”
Jordan says that gas-assisted injection moulding remains a growth market. The industry is moving ahead at an estimated 15% a year in Europe, spurred by success in the TV and car markets. Typical automotive applications in widespread use include grab handles, glove/map pockets and external rubbing strips. After the economic downturn in SE Asia, where the gas-assisted process has been welcomed enthusiatically, Jordan says firms in Korea and Taiwan are now bouncing back and “are more competitive than ever”.
15.09.1999 Plasteurope.com [17817]
Published on 15.09.1999