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Eastman Chemical prevails in patent infringement action brought by Wellman involving PET

February 2010

Client(s) Eastman Chemical Company

Wellman Inc. sued Jones Day client Eastman Chemical Company in 2007 for patent infringement of two patents relating to polyethylene terephthalate ("PET") used for juice, water and carbonated soft drink bottles. Judge Robinson of the U.S. District Court of Delaware, after denying Wellman's motion for a preliminary injunction in 2008, granted two of Eastman's motions for summary judgment about two weeks before trial that Wellman's two patents were invalid for indefiniteness under 35 U.S.C. Section 112, paragraph 2, and for failure to disclose the best mode under Section 112, paragraph 1. The indefiniteness issue involved the temperature of crystallization of the PET, known as Tch.

Wellman, Inc. v. Eastman Chemical Company, Case No. 1:07-cv-00585 (D. Del. 2007)

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