Fish & Richardson Wins ITC Ruling in Patent Case for Mitsubishi Gas Chemical

 Fish & Richardson Wins ITC Ruling in Patent Case for Mitsubishi Gas Chemical

Mitsubishi Gas Chemical found not to infringe Kaneka Corp.'s patent relating
to Coenzyme Q10, a popular dietary supplement

PR Newswire

WASHINGTON, Dec. 4, 2012

WASHINGTON, Dec. 4, 2012 /PRNewswire/ -- Fish & Richardson today announced
that it has won an International Trade Commission (ITC) ruling for Japan-based
Mitsubishi Gas Chemical (MGC), one of the world's largest manufacturers of
Coenzyme Q10, in a patent infringement case brought by Japanese company Kaneka
Corporation. On November 29, 2012, the ITC issued Notice of its Final
Determination that MGC does not infringe the patent asserted by Kaneka.

Fish senior principal John Pegram and principal John Goetz served as lead
counsel at trial for Mitsubishi Gas Chemical, with pre-trial assistance from
principal Joseph Colaianni and Jennifer Scarpati.

"This was a big win for our client and we are very pleased with the ITC
Commission's decision," said John Pegram, principal at Fish & Richardson.
"This final Notice not only affirms the Initial Determination of no violation,
but it goes further in supporting and strengthening the arguments we made on
behalf of Mitsubishi Gas Chemical."

The case dates back to March 22, 2011 when Kaneka was issued a U.S. patent
(U.S. 7,910,340) for processes related to making the dietary supplement
Coenzyme Q10 by fermentation and other steps. Kaneka filed its patent
application in Japan in 2001 and in the U.S. in 2002.

On the same day its U.S. patent issued, Kaneka sued MGC and other companies
for patent infringement in the U.S. District Court in Los Angeles. On June
17, 2011, Kaneka filed a petition with the ITC, and the district court case
was later stayed pending an ITC decision. The ITC's Initial Determination of
no violation was issued on September 27, 2012.

The case turned primarily on the construction of key claim limitations. ITC
Judge Robert K. Rogers, Jr. adopted substantially the constructions suggested
by the Respondents and determined that neither MGC nor any of the other
Respondents infringed Kaneka's patent. He also found that Kaneka did not
satisfy the domestic industry requirement for finding a Section 337 violation,
because Kaneka's U.S. subsidiary was not using the claimed invention.

Kaneka petitioned for a review by the ITC Commissioners. The Commission's
November 29, 2012 Notice confirms the Initial Determination of no violation
and expands on Judge Roger's findings. In particular, the Commissioners
reviewed and confirmed a finding that MGC's process does not infringe a key
limitation, found in all of the claims, and also essentially determined that
approximately half of the asserted claims were invalid for addition of new
matter to those claims during prosecution of the patent application.

Fish & Richardson is a global law firm providing strategic counseling and
litigation services to innovative clients who seek to protect and maximize the
value of their intellectual property (IP). With more than 375 attorneys and
technology specialists practicing IP strategy and counseling, IP litigation,
and business litigation, Fish is known for its superior technical expertise.
Fish has been named top patent litigation firm in the country for eight
straight years, a premier IP firm for America's biggest companies, and an
elite top tier law practice. For more information, visit www.fr.comor follow
@fishrichardson on Twitter.



SOURCE Fish & Richardson

Website: http://www.fr.com
Contact: Amy Blumenthal, Blumenthal & Associates, +1-617-879-1511,
amyb@blumenthalpr.com, or Kelly Largey, Fish & Richardson, +800-818-5070,
largey@fr.com
 
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