PaintSquare.com
Follow us on Twitter Follow us on LinkedIn Like us on Facebook Follow us on Instagram Visit the TPC Store
Search the site

 

Advertisement

PaintSquare


Coatings Industry News

Main News Page


Dow Coating Patents Spur Akzo Lawsuit

Monday, July 8, 2013

More items for Coating Materials

Comment | More

Coatings giant AkzoNobel has filed suit against Dow Chemical Co., accusing the raw materials maker of misusing confidential information gained from a partnership to apply unilaterally for two coatings patents.

AkzoNobel says the patent actions by subsidiary Dow Advanced Materials violate the companies' former development agreement and will harm the coatings maker when confidential information from the patent applications becomes public in December.

A heavily redacted version of the lawsuit was filed June 25 in the Court of Chancery in Delaware, where Dow is headquartered. The original complaint, filed June 20, remains sealed.

AkzoNobel Eurocure
AkzoNobel

AkzoNobel is a global supplier of packaging coatings and inks, including Eurocure.

Dow’s Advanced Materials Division, built on the old Rohm and Haas Co. assets in Philadelphia, PA, consists of five businesses: Coatings, Building and Construction; Paper and Textiles; Specialty Packaging and Films; Designed Polymers and Separations Technologies; and Electronic Materials.

Packaging Products Noted

The suit says that the companies signed a Joint Development Agreement (JDA) in January 2010 to develop a product. The initial agreement led to addenda for "numerous joint development projects," the suit says.

The public version of the Akzo suit blacks out the actual coatings and materials at issue in the case, but the complaint specifically notes that both parties manufacture materials and protective coatings for beverage and food packaging containers.

Terms of the development agreements give Akzo, "at a minimum," joint ownership rights to all jointly developed inventions and require that the companies "attempt to reach a consensus on inventorship and whether the invention is a JDA-Invention," the complaint says.

Dow packaging
Dow Advanced Materials

The suit notes that both Dow and AkzoNobel make coatings and materials for food and beverage packaging.

The agreements also require that the parties "cooperate in patenting of JDA-Inventions," the suit says.

Termination and Patent

In October 2011, the suit says, Dow notified Akzo that the chemical maker would terminate the Joint Development Agreement within 90 days. Then, in May 2012, according to Akzo, Dow served notice that it would file two patent applications related to JDA inventions.

Akzo says it lodged objections with Dow about the patent applications in June 2012.

"Akzo’s objections were not unreasonable," the suit says. "Dow did not cooperate with Akzo to determine the appropriate course of action in filing or prosecution of the Patent Applications. Rather, Dow unilaterally acted and filed the patent applications."

The patent applications, which include confidential information, automatically become public 18 months after the filing date.

Dow Advanced Materials
Dow Chemical Co.

Dow Advanced Materials, the successor to Rohm and Haas, consists of five businesses, including Coatings, Building and Construction.

The five-count suit alleges breach of contract, breach of implied covenant of good faith and fair dealing, and unjust enrichment by Dow. AkzoNobel is seeking a permanent injunction to stop Dow from pursuing the patent applications and revealing confidential information.

Dow spokeswoman Jennifer Kitt wrote Friday (July 5) in an email that the company was aware of the complaint. "Dow believes it has acted in compliance with terms of the referenced joint development agreement and will vigorously defend this case," she wrote.

AkzoNobel attorney Daniel Brown declined to comment on the suit.

   

Tagged categories: AkzoNobel; Business matters; Dow Chemical Company; Formulating; Lawsuits; Raw materials

Comment Join the Conversation:

Sign in to our community to add your comments.

Advertisements
 
PPG Protective and Marine Coatings Group
 
We Protect and Beautify the World
 
PPG is widely recognized as a world leader in protective and marine coatings, developing innovative, cutting-edge products and services.
 

 
Mitsubishi Gas Chemical America
 
Performance Amine 1,3-BAC
 
A highly reactive cycloaliphatic diamine offering superior performance. Reasonable cost and curing efficacy makes it suitable for all types of epoxy resin applications.
 

 
BASF
 
New resins from BASF will have metals loving water!
 
Excellent corrosion resistance, low VOC, high gloss, thin films www.basf.us/industrialcoatings dpsolutions@basf.com 800-231-7868
 

 
Strategic Materials Inc.
 
Crushed Glass Abrasives
 
TruAbrasives™, a clean crushed glass abrasive superior to other abrasives for performance, health, and environmental benefits.
 

 
Jotun Paints Inc.
 
Jotun Jotachar 1709
 
Mesh-free passive fire protection epoxy designed to protect against hydrocarbon pool fire scenarios for up to four hours as defined in the ANSI/UL1709 standard.
 

 
Sherwin-Williams
 
Sherwin-Williams General Polymers Resinous Flooring App
 
Our coatings and linings expertise available 24/7, allowing you to explore the Sherwin-Williams systems best suited for your flooring needs. Android Users Click here to Download the app today!
 

 
Carboline Company
 
Carboline is pouring with opportunities
 
We are proud of our exceptional products and services, and believe that people are our greatest asset. Come grow with us!
 

 
Tnemec Company, Inc.
 
Online Coating Courses from Tnemec
 
For decades, Tnemec has offered its expertise to clients presenting face-to-face coatings courses. Now, these presentations are available to anyone for CEUs at Tnemec University.
 

 
SAFE Systems, Inc.
 
SAFE Systems'
Blast Lights &
Deadman Switches
 
Halogen or LED blast lights available with our NEW urethane bumper. Switches available in many colors for color coding your hoses.
 

 
KTA-Tator, Inc. - Corporate Office
 
Instrument Service Department
 
Are you a QP certified contractor? KTA’s Instrument Service Department can help keep you compliant!
Click or call 1-800-KTA-GAGE.
 

 
 
 

Technology Publishing Co., 1501 Reedsdale Street, Suite 2008, Pittsburgh, PA 15233

TEL 1-412-431-8300  • FAX  1-412-431-5428  •  EMAIL webmaster@paintsquare.com


The Technology Publishing Network

Durability + Design PaintSquare the Journal of Protective Coatings & Linings Paint BidTracker

 
EXPLORE:      JPCL   |   PaintSquare News   |   Interact   |   Buying Guides   |   Webinars   |   Resources   |   Classifieds
REGISTER AND SUBSCRIBE:      Free PaintSquare Registration   |   Subscribe to JPCL   |   Subscribe to PaintSquare News
MORE:      About PaintSquare.com   |   Privacy policy   |   Terms & conditions   |   Site Map   |   Search   |   Contact Us