Sino Legend: ITC decision allows continued US import of tyres with SL-1801 tackifier

No sooner had the US  issued a modification to its initial determination in the Sino Legend (Zhangjiagang) Chemical Co., Ltd. and SI Group Inc. intellectual property case (on 16 January) then Sino Legend replied with a statement of its intent to continue with US imports of tyres featuring this product. According to Sino Legend, the commission ruled that the majority of SI Group’s alleged trade secrets are unprotectable and rejected SI’s request to exclude Sino Legend SL-1805 and SL-7015 resins from US import. The ITC is also said to have struck down the originally recommended general exclusion order.

“Of particular note is the ITC’s reversal on what products are affected. The decision allows our customers to use all Sino Legend tackifiers in any of their non-U.S. production facilities, and then import those products into the US without restriction. We are in the process of reviewing the multifaceted ruling in its entirety, including our options to appeal the few remaining elements,” said Corey Xie, general manager, Sino Legend. “Of particular note is the ITC’s reversal on what products are affected. The decision allows our customers to use all Sino Legend tackifiers in any of their non-U.S. production facilities, and then import those products into the US without restriction.”

In mid-2013, Shanghai No.2 Intermediate People’s Court ruled in favour of Sino Legend in two landmark patent application rights and trade secret infringement cases. All claims brought by SI Group Inc. and SI (Shanghai) Co., Ltd. in Case Nos. 48 and 50 – similar to its ITC challenges – were found to have no legal basis.