Federal Circuit backs DuPont in patent suit

The US Court of Appeals for the Federal Circuit has upheld a ruling in favour of DuPont, after a district court found that competitor Unifrax had infringed one of DuPont’s patents.

In a precedential decision issued yesterday, April 17, the Federal Circuit concluded that the US District Court for the District of Delaware’s verdict was supported by sufficient evidence.

The disputed patent (US number 8,607,926) relates to flame-resistant material used in insulation blankets in airplanes.

In 2014, US-based conglomerate DuPont, which develops polymers, sued Unifrax. It alleged Unifrax’s flame-barrier product Dyre Wrap Combi Film 3G11 infringed three of the patent’s claims.

Unifrax, which manufacturers fibres and materials used in high-temperature fire protection applications, denied infringement and sought to have the patent invalidated on grounds of obviousness in light of prior art.

A Delaware jury had awarded DuPont $3.2 million, after finding that Unifrax had infringed the patent.

In yesterday’s ruling, the Federal Circuit said the district court was correct to find DePoint had submitted sufficient evidence to support its claim that Unifrax’s product infringed the ‘926 patent.

Additionally, the court said the prior art “does not anticipate the asserted claims of the ‘926 patent” and that Unifrax had not provided any evidence that “contradicted or called the credibility of DuPont’s patent into question”.

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