3M Prevails with U.S. International Trade Commission in Patent Dispute Against Kinik Company.Business Editors ST. PAUL, Minn.--(BUSINESS WIRE)--April 8, 2002 3M announced today a legal victory in a patent dispute with Kinik Company of Taipei, Taiwan. 3M has been notified that the United States International Trade Commission, or ITC ITC (Brit) n abbr (= Independent Television Commission) → Fernseh-Aufsichtsgremium ITC n abbr (BRIT) (= Independent Television Commission) → , will not review the written determination in favor of 3M issued by the administrative law judge administrative law judge n. a professional hearing officer who works for the government to preside over hearings and appeals involving governmental agencies. They are generally experienced in the particular subject matter of the agency involved or of several agencies. following trial of the dispute. The ITC's determination affirms the judge's initial determination that Kinik's importation of abrasive products was in violation of the patent rights asserted by 3M which cover methods for making sintered sin·ter n. 1. Geology A chemical sediment or crust, as of porous silica, deposited by a mineral spring. 2. A mass formed by sintering. v. sin·tered, sin·ter·ing, sin·ters v. abrasive products. The decision also upheld the validity of the patent over Kinik's challenge. A separate court case is also pending in the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in Phoenix, Arizona. The patent at issue (U.S. Patent No. 5,620,489) is owned by Ultimate Abrasive Systems, LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control (UAS) and is licensed to 3M. 3M and UAS filed a complaint with the ITC in January, 2001 alleging that Kinik's importation and sale in the United States of its DiaGrid Diagrid (a portmanteau of diagonal grid) is a design for constructing large buildings with steel that creates triangular structures with diagonal support beams. It requires less structural steel than a conventional steel frame. (R)and other abrasive products infringes that patent. Mr. Hak Cheol (H.C.) Shin, division vice president of 3M's Superabrasives and Microfinishing Systems Division, commented: "We are very pleased with this ruling from the ITC. 3M has invested substantially in developing the sintered abrasives technology which is used to make abrasive conditioning articles for the semiconductor pad market as well as other abrasive articles. We have significant intellectual property rights that protect this technology, and we take infringement cases like this very seriously. We view the ITC's determination that Kinik has infringed our patent as a recognition of the strength of 3M's technology and its intellectual property rights." The judge recommended the issuance of an Exclusion Order that will bar the importation of Kinik's infringing products. The judge also recommended a Cease and Desist Order An order issued by an Administrative Agency or a court proscribing a person or a business entity from continuing a particular course of conduct. The force and effect of a cease and desist order are similar to those of an Injunction issued by a court. that will prohibit Kinik and its U.S. agents from distributing abrasive products made using the patented process and already in the United States. The ITC has now asked the parties for additional written submissions addressing the final form of the Exclusion Order, or other remedies that should be ordered. |
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