ACS's Next Day In Court

An appeal of American Chemical Society v. Leadscope Inc., the intellectual property suit the society has been fighting doggedly for nearly a decade, will be heard by the Supreme Court of Ohio (C&EN, Aug. 9, page 9). A date for opening statements was not provided in the court's Oct. 27 announcement.

The legal battle stretches back to 2002, when ACS brought suit against Leadscope and three former ACS employees who founded the company. ACS alleged that the defendants improperly used ACS's intellectual property to develop, patent, and market Leadscope software products. The jury found against ACS on these claims.

At the same time, the Leadscope defendants filed a counterclaim against ACS, charging malicious litigation in filing its suit, defamation, tortious interference with business relations, unfair competition, and deceptive trade practices. The lower court found in favor of Leadscope on all but the last of the counterclaims. An Ohio appeals court affirmed the jury's decisions and awarded some $40 million in compensatory and punitive damages, as well as attorneys' fees and court costs, to the defendants.

The ACS appeal to the Ohio high court centers on constitutional questions, including the size of the award, rather than seeking a reversal of the jury's decision. In a statement, ACS said, 'We are pleased the court has agreed to hear the matter and look forward to presenting our case."