Chinese court rules in favor of Dow and Johnson Matthey in ...
MIDLAND, Mich. ' October 13, ' Dow (NYSE: DOW) and Johnson Matthey (LSE: JMAT) announced that the Jiangsu High People's Court in China has ruled that Shanjun Clean Energy Technology Company Limited ('the defendant') infringed the trade secrets of Dow's and JM's affiliates and ordered the defendant to pay significant compensation for the illegal utilization of these trade secrets.
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The Court determined in its July ruling that the defendant unlawfully acquired and breached trade secrets owned by Dow Global Technologies LLC, a subsidiary of The Dow Chemical Company, along with Johnson Matthey Plc (through its subsidiary Johnson Matthey Davy Technologies Limited). The misappropriated trade secrets pertain to the LP OxoSM Technology, a collaboratively developed low pressure catalytic process for producing oxo alcohols. This technology presents valuable competitive advantages to licensed customers, such as enhanced catalyst systems, streamlined designs, reduced capital expenditures, improved feedstock efficiency, top-notch product quality, and safe, straightforward plant operations. Notably, the LP OxoSM Technology has been successfully licensed for over 20 projects in China.
'Dow expresses gratitude to the Jiangsu High People's Court for its verdict in this matter,' stated Yoke Loon Lim, President of Dow Greater China. 'This ruling exemplifies the fair enforcement of trade secret rights and aligns with the commitments outlined in the U.S.-China Phase One Agreement, showcasing China's pledge to enhance intellectual property rights. Such enforcement is vital for safeguarding the legitimate operations and economic robustness of manufacturers in China, the U.S., and globally. Dow remains committed to vigorously pursuing our full legal rights for the protection of our intellectual property worldwide.'
'This judgement from the Jiangsu High People's Court validates the decision made by JM and Dow to take legal actions against those who infringe upon our operations. We are very pleased with this ruling which fulfills our objective of safeguarding the investments made by our legitimate licensees. Currently, 20 projects in China utilizing licensed LP OxoSM Technology in their plants designed by JM stand to benefit from this ruling. JM will persist in defending our licensees' investments in our technology,' remarked John Gordon, Managing Director of Efficient Natural Resources for JM.
This ruling signifies the second successful defense for Dow and JM regarding their LP OxoSM Technology. Previously, an arbitration panel from the Stockholm Chamber of Commerce determined that Luxi Chemical Group Co., Ltd., situated in Shandong Province, P.R. China, had breached its Secrecy and Non-Use Undertaking related to the LP OxoSM Process by misusing Dow's and JM's proprietary information in the development, construction, and operation of its butanol and 2-ethylhexanol facilities, awarding Dow and JM around USD $100 million. Dow and JM are actively pursuing appropriate actions to enforce this award.
For over 45 years, Dow, JM, and their predecessors have consistently refined the LP OxoSM Technology and have offered it to the oxo alcohol industry. They intend to keep progressing and licensing this technology moving forward. To date, the LP OxoSM Technology has been licensed for numerous projects across 15 countries, covering a significant portion of the global oxo alcohols capacity. Valid licensees benefit from performance warranties and comprehensive design and technical support to ensure successful outcomes. Learn more at www.dow.com and www.matthey.com.
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