Solvay Wins German Patent Ruling against Neo
Germany’s Federal Court of Justice has this time ruled in Solvay’s favor on a patent invalidation case brought by Neo Chemicals & Oxides Europe in a dispute that has raged for several years. The ruling reverses a decision made in January 2019 that revoked the German designation of a key Solvay patent on a cerium oxide-based product that is used to reduce nitrogen oxide (NOx) emissions in diesel engines.
Now that its patent has been “finally and conclusively” established, the Belgian firm said infringement appeal proceedings will resume and Solvay will seek damages in the German courts.
A district court in Mannheim ruled in December 2017 that Neo had infringed Solvay’s patent by supplying certain cerium oxide materials in Germany. The court banned Neo and two of its directors from selling, using or importing the products in Germany and also made the company liable for damages for past infringements. Neo appealed in January 2018 to a higher regional court in Karlsruhe, but that appeal was stayed pending a decision by the federal court.
As announced by Solvay in November 2019, UK courts also found two instances where its patent was valid and infringed by Neo. Another UK court case is underway to determine the amount of damages that Neo must pay Solvay.
Neo Chemicals and Oxides is part of the Neo Performance Materials group and has production facilities in Zibo, China, and Sillamäe, Estonia.
Author: Elaine Burridge, Freelance Journalist
