Rohm and Haas Company, a large American company operating in the material and chemical sector, registered several patents on the technology of fruit and vegetable preservation in China in 2006.Under the trademark “Congmingxian”, it began to sell 1-MCP, a new plant preservative that it is considered as revolutionary in fruit and vegetable fresh-keeping technology.
Two years later, Rohm and Haas Company filed a lawsuit against two Shaanxi private enterprises, Shaanxi Liquan Xiqin Chemical Industry Co. Ltd. and Xianyang Xiqin Biotechnology Co. Ltd. Rohm and Haas Company argued that 1-MCP fruit and vegetable preservative, which the two companies offered for sale, had constituted the 1-MCP invention patent infringement.
Rohm and Haas Company asked to Xi’an Intermediate People’s Court a preliminary injunction against the infringing products and a compensation of 500,000 Yuan. In 2008 the Court granted the injunction and banned the Chinese Companies to sell products.
In 2010, the Patent Reexamination Board ofthe State Intellectual Property Office announced the invalidity of Rohm andHaas Company’s patents on 1-MCP, which must be considered non-existent sincethe beginning, according to the patent law. After that, in 2011, the two Xiqin companies sued Rohm and Haas on theground of improper preliminary injunction which had lasted for 847 days. Theyclaimed over 49 million Yuan in compensation for its loss.
In February 2013 the Court decided that Rohm and Haas Company should compensate for the damage 4,5 million Yuan. Bothparties appealed about this ruling. On 24th June 2013, Shaanxi High People’s Court took in consideration the case. The judgments for this interesting instance will be coming soon.