Kaneka Corporation has voluntarily dismissed its lawsuit originally filed in federal court in Los Angeles against ZMC-USA, LLC and Zhejiang Medicine Co. Ltd., alleging infringement of Kaneka’s recently issued patent on a process for making oxidized CoQ10. Those claims were transferred to Houston, Texas where on August 22, 2011, during a conference before a Federal Judge, Kaneka’s counsel admitted that they did not know what process ZMC is using to make CoQ10. The Judge then ordered Kaneka to withdraw letters it sent previously to ZMC’s customers and other members of the trade alleging that ZMC is infringing on its patent, describing the letters as “deceptive” and setting a timetable for their withdrawal. When Kaneka failed to comply with the Court’s order the court in Houston ordered Kaneka to appear on August 26 and show cause why it should not be held in contempt for violating the court’s order. Less than 24 hours before that hearing was to take place, Kaneka filed a notice dismissing all causes of action in the complaint against ZMC-USA and Zhejiang Medicine Co.
Scott Steinford, President, ZMC-USA commented “We are pleased that Kaneka dismissed its lawsuit. We look forward to a prompt resolution of this dispute in the remaining lawsuit which was originally initiated by ZMC / ZMC-USA in Houston.”