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M&G Loses Round In Dispute With Invista

by Marc S. Reisch
May 19, 2014 | A version of this story appeared in Volume 92, Issue 20

Invista has won a permanent injunction preventing Mossi & Ghisolfi from violating Invista’s patent for making a polyethylene terephthalate (PET) packaging resin with oxygen barrier properties that extend food and beverage shelf life. On May 5, the U.S. Court of Appeals for the Federal Circuit confirmed the injunction issued by the U.S. District Court for the District of Delaware in the three-year-old suit. However, M&G is not giving up so easily. On May 13, M&G filed a brief in which it asked the appeals court to reverse the injunction. M&G said the Delaware court “misconstrued claims,” prevented M&G from presenting certain testimony, ignored evidence, and “abused its discretion in granting a permanent injunction.”

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