Rohm and Hass & Dow Chemical Request ITC Block Imports of Patent Infringing Paint Ingredient

Rohm and Hass and its parent company, Dow Chemical, filed a Section 337 complaint May 20 with the International Trade Commission, in an attempt to block allegedly patent-infringing imports of opaque polymers. Opaque polymers are hollow-sphere polymeric pigments that allow paint manufacturers to reduce the raw material cost of their formulations by using tiny air voids trapped in the polymer to scatter light. Rohm and Hass’ patented technology involves a process to obtain polymer particles of uniform and ideal size with higher void fractions and “dramatically improved opacifying properties.” According to Rohm and Hass, Organik Kimya, a company headquartered in Turkey with a Dutch subsidiary, manufactures opaque polymers that infringe its patents. These infringing products are then imported by Turk International and Aalborz Chemical. Rohm and Hass is requesting cease and desist orders and limited exclusion orders blocking import and sale in the U.S. of infringing opaque polymers.