DuPont Responds to Heraeus' Claims in Patent Infringement Case
WILMINGTON, Del., July 8, 2013 – DuPont today responded to the most recent misleading claims issued by Heraeus in connection with the ongoing patent litigation related to photovoltaic pastes used in solar cells. Contrary to Heraeus' public statements, the Court's denial of Heraeus' motion did not narrow DuPont's case at all.
In the summer of 2012, DuPont filed a second patent infringement lawsuit against Heraeus relating to the organic medium used in Heraeus' front side photovoltaic paste products. In April 2013, Heraeus sought to end the litigation without a trial by asking the U.S. District Court for the District of Oregon for summary judgment.
The Court rejected every part of Heraeus' argument, finding that Heraeus' position "is overly simplistic and ignores recent Federal Circuit case law." That Court also ruled that DuPont is entitled to a jury trial as to infringement, saying that "[i]t is apparent to the court from the record already existing in this case that there are genuine factual issues as to whether Heraeus' accused products infringe the '504 patent . . . ."
DuPont looks forward to enforcing its intellectual property in this matter. DuPont is pleased with the Court's ruling, which establishes that there is already persuasive evidence of Heraeus' infringement in the record of this case.
"Heraeus tried to end this lawsuit early, but the Court agreed with DuPont," said Darren Haar, global business director, DuPont Microcircuit Materials. "We will continue to enforce our intellectual property where we find infringement.”
DuPont (NYSE: DD) has been bringing world-class science and engineering to the global marketplace in the form of innovative products, materials, and services since 1802. The company believes that by collaborating with customers, governments, NGOs, and thought leaders we can help find solutions to such global challenges as providing enough healthy food for people everywhere, decreasing dependence on fossil fuels, and protecting life and the environment. For additional information about DuPont and its commitment to inclusive innovation, please visit http://www.dupont.com.