Sudarshan Chemicals wins appeal in European court against Clariant

Sudarshan Chemicals wins appeal in European court against Clariant

7:21 AM, 14th August 2013
Sudarshan Chemicals wins appeal in European court against Clariant

MUMBAI, INDIA: Sudarshan Chemical Industries, Global producer of performance colourants and effect pigments, has won an appeal in a European court against Clariant Produkte (Deutschland) GmbH. According to a statement by the company, the court of appeal, London has dismissed the objection raised by Clariant Produkte (Deutschland) GmbH and awarded costs and damages for wrongful ‘threats’ to Sudarshan. The appeal was in relation to an earlier judgement of the High Court of Justice in favour of Sudarshan.

In terms of the earlier judgement, the court held that Sudarshan’s product ‘Sudafast Yellow 132’ did not infringe Clariant’s patent and ordered an inquiry into damages, awarding the costs of the action to Sudarshan. In a statement by Sudarshan, Clariant had issued wrongful threats to Sudarshan’s customers in November 2009 at a crucial point when Sudarshan had commenced globalising its business and entered the European market. Sudarshan tried to resolve the matter with Clariant amicably. Clariant refused to agree and stated that Sudarshan stopped promoting and selling Sudafast Yellow 132 (PY191) in overseas markets in the light of Clariant’s unwillingness to retract their threats.

“The estimated loss of turnover figure is to the tune of $4.8 million per year and is based on projected sales of Sudafast Yellow 132 into countries protected by Second Patents. The losses are wider than simply direct customer sales because in addition to this Sudarshan had invested in a new production line to produce Sudafast Yellow 132 at its Roha facility. However, due to ceasing international sales, we have incurred capital losses to the tune of $2.4 million as the production line was lying vacant,” said Rajesh Rathi, Director, Sudarshan Chemicals.


© Economic Times News



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