New Albany, IN – Patent lawyers for CSP Technologies, Inc. of Auburn, AL, filed a patent infringement suit alleging Sud-Chemie AG of Munich, Germany; Sud-Chemie, Inc., of Louisville, KY; and Airsec S.A.S. of Choisy-le-Roi, France infringed Patent No. 7,537, 137, titled RESEALABLE MOISTURE TIGHT CONTAINER ASSEMBLY FOR STRIPS AND THE LIKE HAVING A LIP SNAP SEAL, as issued by the U.S. Patent Office.
CSP Technologies manufactures plastic product packaging, including desiccant-based technology used in packaging for diagnostic test strips. Sud-Chemie is a specialty chemicals company which also offers packaging that incorporates desiccants. The same parties previously litigated a patent infringement lawsuit brought by CSP in the Southern District of Indiana, asserting infringement of U.S. Patent No. 5,911,937, titled DESICCANT ENTRAINED POLYMER, and U.S. Patent No. 6,214,255, also titled DESICCANT ENTRAINED POLYMER. That matter settled, but the court retained jurisdiction and entered an injunction against Sud-Chemie.
CSP now alleges that Sud-Chemie, as part of their entry into the diagnostic test strip packaging market, is infringing the ‘137 patent by making, offering to sell, selling, and importing certain vials that fall within the scope of the patent clams. Among other things, CSP alleges that Sud-Chemie closely studied and copied the desiccant entrained polymers element of CSP’s test strip packaging to create moisture-free packaging. CSP further alleges that the infringement is willful in light of defendants’ knowledge of the ‘137 patent.
Practice Tip: The “willfulness” of the alleged infringement is an important issue in patent litigation because willful infringement results in a tripling of the damages awarded to the patent holder. To establish willfulness, the patent holder must prove that the infringer acted with at least “objective recklessness.”
Complaint – CSP Technologies v. Sud-Chemie AGFurther information about this case is as follows:
Filed: March 14, 2011 as 4:2011cv00029 Updated: March 14, 2011 20:11:29
Plaintiff: CSP TECHNOLOGIES, INC.
Defendants: AIRSEC S.A.S., SUD-CHEMIE AG and SUD-CHEMIE, INC.
Presiding Judge:Richard L. Young
Cause Of Action: Patent Infringement