Heraeus Responds to DuPont Lawsuit; Files Lanham Act Counterclaim

Additional counterclaims challenge validity of DuPont’s patent

WEST CONSHOHOCKEN, Pa.--(BUSINESS WIRE)--Today Heraeus Precious Metals North America Conshohocken LLC (“Heraeus”) filed its legal answer including several counterclaims to a patent infringement lawsuit brought against the company by DuPont in June 2012. Heraeus asserts that it is not infringing and has not infringed any valid claims of the patent in question (U.S. Patent 8,158,504). Heraeus further asserts that the ‘504 patent is invalid and requests that the judge assigned to this case make a ruling declaring it to be invalid.

“We will continue to produce our paste products at sites worldwide and supply them to our customers. And in the interests of ourselves and our customers, we will continue to defend ourselves against unlawful threats.”

Within the past year, DuPont has filed two patent infringement lawsuits against Heraeus. Heraeus believes these suits are meritless. Heraeus further contends that DuPont is attempting to attain a market advantage over Heraeus by achieving through legal means what it has failed to achieve in the marketplace through product performance and customer service.

According to Heraeus’s Answer and Counterclaims, DuPont has made public, false statements in press releases and in letters to customers to unlawfully discredit Heraeus’s products in the marketplace and to threaten Heraeus’s customers with legal action.

Heraeus asserts in its legal filing that these statements are unfairly competitive, false and misleading, and that they support its Lanham Act claim that DuPont is engaging in unlawful trade practices.

“We are filing counterclaims against DuPont to defend our innovative photovoltaic products and the 40-year history of Heraeus as an industry-leading developer and manufacturer of silver metallization pastes,” said Andy London, Global Manager for the Photovoltaics Business Unit. “We will continue to produce our paste products at sites worldwide and supply them to our customers. And in the interests of ourselves and our customers, we will continue to defend ourselves against unlawful threats.”

The Photovoltaics Business Unit of Heraeus Precious Metals North America Conshohocken LLC is an industry-leading developer and manufacturer of silver metallization pastes for the photovoltaic industry. For over 40 years, Heraeus has built a reputation of innovation, extensive research and new product development in thick film technology. Heraeus also led the research effort to both reduce the silver used per cell and increase the output of cells at the same time.

The Heraeus Group, the precious metals and technology group headquartered in Hanau, Germany, is a global, private company with over 160 years of tradition. Our fields of competence include precious metals, materials and technologies; sensors; biomaterials and medical products, as well as dental products, quartz glass, and specialty light sources. With product revenues of €4.8 billion and precious metal trading revenues of €21.3 billion, as well as more than 13,300 employees in more than 120 subsidiaries worldwide, Heraeus holds a leading position in its global markets.