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Acid Claims Not Infringed By Partly Neutralized Acid

Client Alert | 1 min read | 03.30.06

In Kao Corp., et al. v. Unilever United States, Inc., et al. (No. 05-1036, -1049; March 21, 2006), a Federal Circuit panel affirms a trial court's holding that Kao's patent is valid and enforceable but not infringed. The trial court interpreted Kao's claim to cover the acid forms of a copolymer and to exclude the salt forms of the copolymer. This claim construction was based, in part, on Kao's filing of another application directed to the salt form. The trial court took this filing as evidence that the patent in suit did not cover salt forms of the copolymer.

Unilever's accused infringing product included the claimed copolymer, but it was partially neutralized into the salt form. Unilever argued that it uses the salt form of the copolymer, and the Federal Circuit panel determines that Kao failed to rebut this assertion, other than offering an unsupported conclusion that Unilever uses a slightly neutralized acid and not a salt. Addressing Kao's argument that even if Unilever uses a salt it still infringes the claims, the panel distinguishes cases where an acid claim was infringed by a salt because in those cases the claims included the salt. Judge Newman dissents, pointing out that neutralizing 14.5% of the acid groups in the copolymer does not yield a salt and also that the record supports Kao's argument that Unilever uses a slightly neutralized acid.

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Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....