ITC Issues Notice of Commission Determination to Affirm the Final Initial Determination and to Terminate the Investigation into South Korean Polyimide Film Manufacturer, SKC KOLON PI, Inc. (“SKPI”) and SKPI’s U.S. importer SKC, Inc. (“SKC”)
Kaneka Corporation (Headquarters: Osaka, Japan; President: Mr. Kimikazu Sugawara) announced today that, on October 5, 2012, the U.S. International Trade Commission (ITC) issued a Notice of Commission Determination to affirm the Final Initial Determination and to terminate its Investigation into violations of 19 USC § 1337 by South Korean polyimide film manufacturer, SKC KOLON PI, Inc. (“SKPI”) and SKPI’s U.S. importer SKC, Inc. (“SKC”).
In the Investigation, Kaneka alleged that SKPI and SKC infringe four of Kaneka’s polyimide film patents. In its Notice, the Commission affirmed the Final Initial Determination, which found that Kaneka’s U.S. Patent No. 7,691,961 is valid and infringed by SKPI and SKC. However, the Commission also affirmed the finding of the Final Initial Determination that there was no violation of 19 USC § 1337 due to insufficient evidence of Kaneka’s domestic industry with respect to this patent. With respect to the other three Kaneka polyimide film patents at issue in the Investigation, the Commission affirmed the Final Initial Determination’s finding that two of the patents are valid, but that the evidence was insufficient to establish infringement.
In addition to the ITC Investigation, Kaneka has a pending patent infringement lawsuit against SKPI and SKC in the U.S. District Court for the Central District of California regarding Kaneka’s polyimide film patents.
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