On November 17, the District Court of Delaware announced a decision to invalidate the patent claims asserted by Ingevity Corporation against BASF covering canister systems used in the control of automotive gasoline vapor emissions (U.S. Patent No. RE38,844). The District Court joins the International Trade Commission in its finding earlier this year that the patent is invalid and rules out a patent infringement complaint brought by Ingevity against BASF Corporation related to BASF’s EvapTrap™ XC scrubbers technology for evaporative emissions.
In another evaporative emissions control systems proceeding, the U.S. Patent Office will move forward with BASF’s petition to invalidate Ingevity’s U.S. Patent No. 10,323,553B2 (the ‘553 Patent), which is part of Ingevity’s ‘649 patent family in the area of canister systems designed to reduce evaporative emissions.
BASF Corporation will to continue to pursue antitrust claims at the District Court of Delaware against Ingevity Corporation related to its practices in the evaporative emissions market.