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Kaneka Won a Final Decision on its U.S. Patent Infringement Lawsuit against South Korea and the U.S. based companies in the field of Flame-Retardant Polyester Fibers for Artificial Hair.

August 01, 2016

Kaneka Corporation (Headquarters: Osaka, Japan; President: Mamoru Kadokura) announced that the patent infringement lawsuit filed on July 20, 2010 against UNO & COMPANY, LTD. a South Korean Corporation (UNO), JBS HAIR, INC. a Georgia Corporation (JBS Hair) and Jinny Beauty Supply Company, Inc. a Texas Corporation (Jinny Beauty Supply) has become final in favor of Kaneka.  Kaneka had accused the defendants of infringing two of Kaneka’s U.S. patents, 7,759,429 and 7,759,430, relating to flame-retardant polyester fibers for artificial hair.
On April 7, 2016, the United States Court of Appeals for the Federal Circuit (CAFC) rendered a decision on the appeal raised by the defendants (the defendants-appellants), affirming the judgment of the United States District Court for the Northern District of Texas (NDTX) that had awarded approximately $6,000,000 in total to Kaneka for infringement of both patents.  After the decision of CAFC, the defendants-appellants did not file either a petition for rehearing in CAFC or a petition for a writ of certiorari in the Supreme Court, which means this case has become final in favor of Kaneka.
Summary of the judgment entered by NDTX and then affirmed by CAFC is as follows:
1)    Kaneka is awarded totally $5,845,000 in lost profit damages and in damages as 10% royalties against UNO.
2)    Kaneka is awarded $58,000 in damages as 10% royalties against Defendant JBS Hair.
3)    Kaneka is entitled to an accounting from UNO, JBS Hair and Jinny Beauty Supply to assess further royalty damages due to infringing sales from January 1, 2013 to November 5, 2013.
4)    Kaneka is awarded costs of Court.
Besides the above-mentioned judgment, in March 2015, Kaneka requested to NDTX, and was granted, a permanent injunction for any act of infringement against UNO, and anyone acting in concert with UNO.
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