Aspen Aerogels, Inc. ( "Aspen has won its patent infringement lawsuits against Guangdong Alison Hi-Tech Co. Ltd. ("Alison") and Nano Tech Co., Ltd. ("Nano"), in the Mannheim Regional Court in Germany. The Mannheim Court determined on March 8, 2019 that Alison and Nano infringe one of Aspen's European patents, as extended to Germany (the "Aspen Patent"), by selling infringing aerogel insulation products. As part of the judgments, the Mannheim Court issued injunctions prohibiting the offer, distribution, use or import of infringing products in Germany and held Nano and Alison liable to Aspen for damages, court costs and certain of Aspen's legal fees and expenses. The Mannheim Court's decision is subject to an appeal to the Higher Regional Court of Karlsruhe. In a related lawsuit, the Mannheim Court had previously issued a series of judgments against Hiltex Techniche Weefsels b.v., a Dutch reseller of the infringing Chinese aerogels.
In addition, the German Federal Patent Court in Munich found the Aspen Patent to be valid as granted in a patent nullity action initiated by Nano. The Munich Court's decision follows other unsuccessful challenges to the validity of Aspen's patents by Nano and Alison in the United States and China.
"Our core strategy is to invest in the research, development, commercialization and protection of our aerogel technology platform worldwide. These European patent wins, along with our 2018 victory at the U.S. International Trade Commission, reinforce the scope and strength of Aspen's patent portfolio," said Don Young, President and CEO of Aspen.
"These decisions also serve as clear notice to all companies that intend to purchase, import, use or resell infringing products that such actions are, simply put, illegal. We remain firmly committed to enforcing our intellectual property and recovering all compensation available to us under the law," concluded Mr. Young.