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DuPont appeal rejected in patent case

SPAIN: Gases Research Innovation & Technology (GRIT) and Gas Servei produce and distribute the drop-in R22 replacement refrigerants RS-44 (R424A) and RS-45 (R434A) invented and patented by Refrigerant Solutions (RSL). Dupont issued a writ against GRIT and Gas Servei alleging infringement of a Star Refrigeration patent of which Dupont is the exclusive licensee, and judgement in this case was given in the Barcelona Patent Court in February 2013. The Dupont allegation of infringement was rejected, all claims in the Star Refrigeration patent declared void and the patent revoked.

Dupont subsequently appealed against this decision, which the Provincial Court in Barcelona has recently rejected.

In a statement, RSL said: 'RSL welcomes the decision of the Barcelona court to confirm the earlier verdict that the Star Refrigeration patent was invalid and to reject Dupont's appeal against this judgement, thereby enabling GRIT and Gas Servei to continue deploying RS-44 and RS-45 as easy to use replacements for R22 in the air conditioning and refrigeration market.'

A spokesperson for DuPont said: “DuPont did not receive a favourable decision in the appeal to the decision of first instance, in the patent litigation case against Gas Servei? and GRIT. While fully respectful to the ruling, DuPont disagrees with the reasoning of the Appellate Court. At present, DuPont is considering whether to further appeal this decision.'

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