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| (Source: KIPRIS) |
Japanese firm JSP successfully invalidated S. Korean Patent No. 1928927, owned by Hanwha Advanced Materials, which covers an "Olefin block copolymer foam particle with excellent impact resistance."
JSP filed a patent invalidation trial in May 2022, challenging the validity of Hanwha's patent. JSP argued that the patent was invalid due to insufficient description in both the specification and claims, particularly citing the lack of clarity in the method for measuring the "independent foam cell diameter" in the foam particles.
In July 2023, the Korean Intellectual Property Trial and Appeal Board (KIPTAB) ruled that all nine claims of Hanwha's patent were invalid. In response, Hanwha filed a request to amend the first claim of the patent, which was accepted by KIPTAB. However, the patent still failed to meet the legal requirements for clarity and was ultimately invalidated.
In August 2023, Hanwha appealed KIPTAB's decision with a cancellation lawsuit. However, in July 2024, the Korean Patent Court ruled against Hanwha, with the decision finalized in August 2024.
During the examination of Hanwha's patent, prior art references cited by the Korean patent examiner included patents such as Dow Global Technologies LLC's "Foams Made From Interpolymers of Ethylene/α-Olefins" (Korean Patent No. 1382699) and JSP's own "Polyolefin Resin Particles" (Korean Patent Application No. 1020160085354).
JSP’s motivation for invalidating Hanwha's patent is believed to be related to its core business in foam plastics and molded foam products, including expanded polypropylene (EPP) and expanded polyethylene (EPE) materials, which are likely in direct competition with Hanwha's patented technology.
According to MarketsandMarkets, global EPP foam market is projected to grow from USD 1.4 billion in 2023 to USD 1.8 billion by 2028, at a CAGR of 5.7%. EPP foam is known for being exceptionally lightweight and providing excellent durability and impact resistance. Companies such as BASF SE, JSP Corporation, Hanwha Advanced Materials, BEWI, and Sonoco Products Company fall under the winners' category.
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| (Source: KIPRIS) |
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