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DSM announces successful Initial Determination in International Trade Commission proceeding for fiber optic materials business

Elgin IL , US, 26 Feb 2018 10:15 CET

Royal DSM, a global science-based company active in health, nutrition and materials, announces today a successful Initial Determination in DSM Desotech’s International Trade Commission (“ITC”) case against Momentive UV Coatings (Shanghai) Co., Ltd. (“MUV”) and OFS Fitel, LLC (“OFS”). If confirmed by the Commission, the ruling by the ITC judge will stop the importation of MUV’s infringing fiber optical coating system into the United States.

DSM Desotech filed the case with the ITC against MUV and OFS on 31 October 2016 to address the unlawful importation of optical fiber coating systems into the United States that infringe DSM’s intellectual property. The Administrative Law Judge responsible for the case ruled last week that MUV violated Section 337 of the Tariff Act of 1930 by, among other things, importing infringing coatings into the U.S. If affirmed by the Commission, MUV could be subject to a limited exclusion order and precluded from importing infringing coatings into the U.S. for use by OFS and others. The exclusion period will last until the relevant patents expire in 2022.

We are happy with the outcome of the case. Our focus is to bring customers the latest in cutting-edge optical fiber coating technology allowing them to provide the marketplace with the best solutions,” says Aukje Doornbos, Business Director of DSM Functional Materials. “Continual development and protecting this intellectual property is a key component of our strategy that supports our significant R&D investments. We are committed to our strategy of innovation and remain dedicated to developing new materials for the telecommunications industry.”