Amcorr And Dolphin Win Patent Case Against Stopaq
Winston & Strawn Successfully Defends Amcorr Products and Services and Dolphin
Sealants in Patent Case
HOUSTON, Jan. 9, 2013
HOUSTON, Jan. 9, 2013 /PRNewswire/ -- 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
"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
"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," added Leo van Beugen, director of both Amcorr and Dolphin and
managing director of Kleiss & Co. b.v. from the Netherlands, Amcorr's sister
company and co-distributor of VISCOTAQ® products.
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 withVISCOTAQ® 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.
SOURCE Winston & Strawn LLP
Contact: Jill Delaney, Public Relations Manager, +1-312-558-3734,
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