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AkzoNobel sues Dow Chemical

AkzoNobel sues Dow Chemical

July 10, 2013

[China coating information] coating giant AkzoNobel recently announced that it had filed a lawsuit against Dow Chemical, accusing its raw material manufacturers of abusing the confidential information in the cooperation between the two sides, but unilaterally filed two coating patent applications

AkzoNobel spokesman said that the unilateral patent application of Dow subsidiary seriously violated the previous joint product development agreement (JDA), and when the confidential information in this patent becomes public information in December, it will certainly damage the interests of coating manufacturers

in 2010, after Dow Chemical (down25..99%) acquired Rohm and Haas, the world's leading supplier of special materials, a new diversified Department, the high-tech materials division, came into being. The newly established Dow high-tech materials business unit covers five business areas: coating materials, construction, special materials, adhesives and functional polymers, and electronic materials. Aksu claimed in the lawsuit that Dow and it had signed a joint development agreement (JDA) in January2010, and both parties decided to jointly develop a new product. The appendix to the original agreement contained many jointly developed projects. Aksu also said in the lawsuit that the terms of these agreements only give Aksu the lowest joint ownership, and all jointly developed patents require the two companies to work hard to reach an agreement to decide whether this invention patent is jointly owned. The terms of the agreement also include that both parties shall negotiate and communicate with each other when applying for a common invention patent

Aksu stated in the lawsuit that in October, 2011, Dow informed Aksu that its chemical manufacturer would terminate the joint development agreement within 90 days. Then, in may2012, Dow issued another notice, claiming that it would submit two patent applications for joint invention. Aksu submitted documents in june2012 against Dow's patent application

according to the lawsuit, "Aksu's objection is not unreasonable. Dow did not negotiate with Aksu and jointly decided to file a patent application in an appropriate way. On the contrary, Dow took unilateral action to file a patent. It is easy to see why these key data can not accumulate some adhesion strength of molluscs, which may stimulate the team's idea application."

the patent application will automatically become an open letter after 18 months from the date of application, and the utilization of plastic instead of copper has been relatively mature (including confidential information)

Article 5 of the lawsuit claims that Dow violated the principles of good faith, fair dealing and not making profits in an improper way in the contract. AkzoNobel hopes to obtain a permanent ban, stop the number of Dow patent applications and protect its confidential information from disclosure

Dow spokesman jenniferkitt wrote in an email on July 5 that the company was aware of the Aksu lawsuit. "What Dow has done is in full compliance with the terms of the joint development agreement and will do its best to defend its own interests," Jennifer said

Daniel AkzoNobel, lawyer Brown declined to comment on the lawsuit

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