ALPHARETTA, GA, USA, Feb 1, 2012 - Schweitzer-Mauduit International, Inc. (NYSE: SWM) today responded to the anticipated initial decision rendered on February 1, 2012 by Administrative Law Judge Gildea in the International Trade Commission (ITC) action filed by SWM under Section 337 (b) of the Tariff Act of 1930.
The ITC's initial decision found that SWM's Claims 36, 43, and 45 of United States Patent No. 6,725,867 and Claims 1-6, 10-18, and 22-25 of United States Patent No. 5,878,753 were not infringed by Julius Glatz, LIPtec and KneX Worldwide. The ITC will not release the full decision until after the parties have reviewed it for confidential information. Therefore the reasoning behind the Judge's decision is not known at this time.
Frederic Villoutreix, Chief Executive Officer, commented, "Clearly, we are disappointed in the Judge's initial decision. We will review the initial decision and determine our next course of action, which may include filing a petition for review by the full International Trade Commission. As we have consistently demonstrated, we will use all legal means available to protect our intellectual property."
Frederic went on to state: "Regardless of the final outcome, any decision will have limited impact on SWM for the following reasons:
The final decision will impact only the U.S. market - it has no legal effect outside of the U.S.
Based on existing supply agreements in the U.S., we do not anticipate any financial impact in 2012.
Our existing licensing agreements cover a patent portfolio that is far broader than the two patents and limited claims that were the subject of the ITC action and will therefore not be affected
Our Alginex product is covered by other patents not involved in the ITC matter and therefore protection of that process and product is not affected
This is an initial decision that must be confirmed by the full International Trade Commission before it becomes final"
After conclusion of a detailed review of the ITC's initial decision, SWM will issue a press release with its anticipated actions in response to this initial decision.
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Frederic went on to state: "Regardless of the final outcome, any decision will have limited impact on SWM for the following reasons:
The final decision will impact only the U.S. market - it has no legal effect outside of the U.S.
Based on existing supply agreements in the U.S., we do not anticipate any financial impact in 2012.
Our existing licensing agreements cover a patent portfolio that is far broader than the two patents and limited claims that were the subject of the ITC action and will therefore not be affected
Our Alginex product is covered by other patents not involved in the ITC matter and therefore protection of that process and product is not affected
This is an initial decision that must be confirmed by the full International Trade Commission before it becomes final"
After conclusion of a detailed review of the ITC's initial decision, SWM will issue a press release with its anticipated actions in response to this initial decision.">
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