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DSM sues under new section 337 for UV-curable optical fiber coatings

DSM Desotech, Elgin, Illinois and its Dutch companies (collectively "DSM") have filed a lawsuit requesting the United States International Trade Commission (ITC) to investigate under Section 337 of the Tariff Act.

The lawsuit alleges that Momentive UV Coatings (Shanghai) Co., Ltd., OSS Volkswagen Telecom, Norcross Co., Ltd., Georgia (collectively the "subjects") illegally imported and sold UV-curable optical fiber coatings, coated optical fibers, and similar products in the United States Products infringed on a number of US patents, including 6961508 (patent 508), 7171103 (patent 103), 7067564 (patent 564), 7706659 (patent 659) (collectively referred to as "protected patents").

Protected patents refer to optical fiber coating products. "508" and "103" refer to optical fiber coatings, such as the primary and secondary coatings used to protect optical fibers. "564" and "659" refer to optical fiber coatings, which are used to improve performance to make up for defects. Some defects in the fiber itself can cause signal loss during transmission.

In the lawsuit, DSM pointed out that the investigation's import and sale of products infringed patent rights, and specifically named Kearshield single-mode and multimode fiber coatings, AllWave fiber and EZ-Bend single-mode fiber as infringing products.

DSM claims that it has filed a lawsuit against Momentive UV Coatings (Shanghai) Co., Ltd. and Momentive Chemicals in the Southern District of Ohio. Mention was also made of the lawsuit against Corning in the two district courts. In addition, the 508 and 103 patents were previously examined by the US Patent and Trademark Office in various parties, and the examination is still in progress.

Out of respect for the results, DSM requested the Commission to issue a permanent exclusion order and a permanent suspension order to the investigators.

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