HOUSTON, TX (January 8, 2013) — On January 4, 2013, Judge Lynn N. Hughes of the U.S. District Court for the Southern District of Texas granted summary judgment of non-infringement on behalf of Winston & Strawn clients Amcorr Products and Services, Inc. (“Amcorr”) and Dolphin Sealants, LLC (“Dolphin”) (collectively, “Amcorr Dolphin”) against plaintiffs Stopaq BV and Frans Nooren Afdichtingssystemen BV (collectively, “Stopaq”). Amcorr Dolphin distributes viscoelastic coating materials for the protection of under- and above-ground substrates against corrosion under the VISCOTAQ® and HIPPO PATCH® product lines. Judge Hughes ruled that these Amcorr Dolphin products do not infringe Stopaq’s patent.
“We are very pleased the court recognized the unique aspects of our products,” said Edwin Welles, president and managing director of both Amcorr and Dolphin. “We have taken great care to insure the composition of our products did not infringe our competitor’s patent and are happy the judge validated our position. ”
“It has always been our intention to design a new solid visco elastic coating technology with unique and better chemical resistant properties around existing patents and we are pleased that the judge has recognized our intention,”
Stopaq moved for summary judgment of infringement on U.S. Patent No. 5,898,044, and Amcorr Dolphin cross-moved for summary judgment of non-infringement. The Court ruled that “Amcorr Dolphin’s filler materials are not covered by Nooren’s patent”. The Court also found that one of the polymers as used in Amcorr Dolphin’s products is not a filler and that “even if it were, the patent does not cover fillers mixed from multiple materials. Thus, Amcorr Dolphin’s polymer does not infringe.”
Based on this ruling and prior concessions by Stopaq, the Court entered a final judgment against Stopaq. The final judgment ends Stopaq’s U.S. case brought against Amcorr and Dolphin, and allows Amcorr and Dolphin to go forward with VISCOTAQ® and HIPPO PATCH® products in the marketplace without the threat raised by the lawsuit. More information on VISCOTAQ® products is available at www.viscotaq.com. More information on HIPPO PATCH® products is available at www.hippopatch.com.
John Keville, managing partner in Winston & Strawn’s Houston office, served as lead attorney for Amcorr Dolphin. Associate Dustin Edwards was a primary attorney on the case, and he worked closely with the clients, the expert witnesses, and Mr. Keville to achieve this victory.
Winston & Strawn LLP is an international commercial law firm with 15 offices in North America, Asia and Europe. More information about the firm is available at www.winston.com.