DSM Desotech Inc. announced today that enforcement has been initiated relative to a ruling by Germany’s Düsseldorf Regional Court in connection with a patent infringement litigation brought by its affiliate, DSM Desotech BV, against KG Herkula Spezialfabrik.

In reaching its decision, the Düsseldorf Court relied on evidence that certain samples of Herkula’s ink compositions infringe claim 1 of the German patent DE 199 24 381 owned by DSM. As a result of the ruling, an injunction has been issued on the supply and advertising in Germany of ink compositions for optical fibres that infringe this DSM patent. This judgment is preliminarily enforceable against a security bond. DSM has decided to enforce the judgment.

Herkula has appealed the Düsseldorf court decision, and the parties are further presently engaged in an invalidity proceeding in Munich, Germany regarding this matter.

The plaintiff, DSM Desotech BV, is a subsidiary of Royal DSM N.V. “DSM Desotech is the leading supplier of UV curable optical fiber coatings, inks and matrix materials to the global optical fiber industry based on technical innovation and quality,” stated DSM Desotech Vice President of Fiber Optic Materials Patrick Niels. “Desotech continues to dedicate extensive resources to the development and support of the optical fiber industry, and protection of intellectual property rights is a natural extension of that effort.”