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This case was last updated from PACER on 06/07/2021 at 08:27:31 (UTC).

Celanese International Corporation et al v. Anhui Jinhe Industrial Co., Ltd. et al

Case Summary

On April 8, 2021, Celanese International Corporation, Celanese (Malta) Company 2 Limited, and Celanese Sales U.S. Ltd. (collectively, “Celanese” or “Plaintiffs”), represented by Michael D. Jay of DLA Piper LLP, filed an intellectual property lawsuit against Anhui Jinhe Industrial Co., Ltd. (“Jinhe”), Jinhe USA LLC (“Jinhe USA”), Apura Ingredients, Inc. (“Apura”), NiuSource, Inc. (“NiuSource”), ProSweetz Ingredients Inc. d/b/a PanaSource Ingredients Inc. (“PanaSource”); and one other (collectively, “Defendants”), seeking injunctive relief and damages with prejudgment and post-judgment interests among other reliefs, for alleged unlawful infringement of United States patents owned by Plaintiffs. This case was filed in the U.S. District Court for the Central District of California with Judges Andre Birotte Jr and Karen L. Stevenson presiding.  

 

The Plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 10,023,546 ’546 patent, titled “Acesulfame Potassium Compositions and Processes for Producing Same,” U.S. Patent No. 10,208,004 ’004 patent, titled “Acesulfame Potassium Compositions and Processes for Producing Same,” U.S. Patent No. 10,590,098 ’098 patent, titled “Acesulfame Potassium Compositions and Processes for Producing Same,” U.S. Patent No. 10,029,999 (“the ’999 patent”), titled “Acesulfame Potassium Compositions and Processes for Producing Same,” U.S. Patent No. 10,233,163 ’163 patent, titled “Acesulfame Potassium Compositions and Processes for Producing Same,” U.S. Patent No. 10,590,095 ’095 patent, titled “Acesulfame Potassium Compositions and Processes for Producing Same,” (Collectively “Patents-in-suit”) owned by them.

 

The Plaintiff further alleged that the Defendant infringed the Patents-in-suit by “(i) making, having made, using, selling, offering for sale, and/or importing into the United States, without license or authority, the Ace-K (“Jinhe’s Ace-K” or “Accused Product”), which is made by the process of at least claim 1 of the Patents-in-suit; and (ii) has actively induced third parties, including suppliers and/or retailers/distributors, to sell, offer for sale, use, and/or import into the United States, without license or authority, the Accused Product, or (iii) regularly doing or soliciting business, engaging in other persistent courses of conduct, or deriving substantial revenue from goods and services provided to citizens and residents.”

 

The Plaintiff even further alleged that “The Accused Product is a finished acesulfame potassium composition having the same formula described in the Patents-in-suit and that the Accused Product contains the impurity acetoacetamide below the claimed maximum limit of 33 wppm and contains an overall organic impurity level of less than 20 wppm.”

 

Among the five claims for relief laid down by the Plaintiff, alleged infringement of the Patents-in-suit in violation of 35 U.S.C. § 271 (b) has been claimed, where it has been alleged that Jinhe has induced infringement and continues to induce infringement of Patents-in-suit either literally and/or under the doctrine of equivalents.

 

In its prayer for relief, the Plaintiff has requested the court to declare that the Defendant has infringed the patent in suit, grant permanent injunction against each Defendants' direct infringement, award compensatory damages as claimed, with prejudgment and post-judgment interests along with attorneys’ fees and enhanced damages as appropriate against Defendant as provided by 35 U.S.C. § 285, and other costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-03070

  • Filing Date:

    04/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Andre Birotte Jr

Referral Judge

Karen L. Stevenson

 

Party Details

Plaintiffs

Celanese International Corporation

Celanese Sales U.S. Ltd.

Celanese (Malta) Company 2 Limited

Celanese Malta Company 2 Limited

Defendants

Apura Ingredients, Inc.

Jinhe USA LLC

ProSweetz Ingredients Inc. d/b/a PanaSource Ingredients Inc.

NiuSource, Inc.

Suzhou-Chem, Inc.

Anhui Jinhe Industrial Co., Ltd.

ProSweetz Ingredients Inc. doing business as PanaSource Ingredients Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Michael D Jay

Attorney at DLA Piper LLP

2000 Avenue Of The Stars Suite 400

Los Angeles, CA 90067

Aaron Wainscoat

Attorney at DLA Piper LLP US

2000 University Avenue

East Palo Alto, CA 94303-2214

Susan Krumplitsch

Attorney at DLA Piper LLP (US)

2000 University Avenue

Palo Alto, CA 94303

Aaron G Fountain

Attorney at DLA Piper LLP US

401 Congress Avenue Suite 2500

Austin, TX 78701

Defendant Attorney

Graham Marc Buccigross

Attorney at Mayer Brown LLP

2 Palo Alto Square, 3000 El Camino Real Suite 300

Palo Alto, CA 94306

 

Court Documents

#32

(#32) CERTIFICATE of Interested Parties filed by Defendant NiuSource, Inc., (Buccigross, Graham) (Entered: 05/20/2021)

#31

(#31) CERTIFICATE of Interested Parties filed by Defendants Anhui Jinhe Industrial Co., Ltd., Jinhe USA LLC, identifying Anhui Jinhe Industrial Co., Ltd.. (Buccigross, Graham) (Entered: 05/20/2021)

#26

(#26) SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant Suzhou-Chem, Inc. served on 4/29/2021, answer due 5/20/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) (Entered: 05/10/2021)

#24

No Description Available

#22

No Description Available

#21

No Description Available

#20

No Description Available

#19

No Description Available

#18

No Description Available

#17

No Description Available

#16

No Description Available

#15

No Description Available

#12

No Description Available

#11

No Description Available

#7

(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Anhui Jinhe Industrial Co., Ltd., Apura Ingredients, Inc., Jinhe USA LLC, NiuSource, Inc., ProSweetz Ingredients Inc., Suzhou-Chem, Inc. (lh) (Entered: 04/09/2021)

#6

(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 04/09/2021)

#2

(#3) Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 04/08/2021)

21 More Documents Available
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Docket Entries

  • 05/21/2021
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  • Docket(#35) ORDER GRANTING UNOPPOSED MOTION TO STAY by Judge Andre Birotte Jr.: Defendants' unopposed motion to stay this litigation pending a U.S. International Trade Commission investigation #28 is hereby GRANTED. All proceedings in this action are hereby stayed until the determination of the Commission becomes final. In order to permit the Court to monitor this action, the Court orders the parties to file periodic status reports. The first such report is to be filed by 7/1/2021, unless the stay is lifted sooner. Successive reports shall be filed every 45 days thereafter. The Court further ORDERS that within seven days of the finalization of the Commission's determination, the parties shall file a notice with this Court. (gk) (Entered: 05/24/2021)

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  • 05/20/2021
  • Docket(#34) CERTIFICATE of Interested Parties filed by Defendant Suzhou-Chem, Inc., (Buccigross, Graham) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#33) CERTIFICATE of Interested Parties filed by Defendant ProSweetz Ingredients Inc., (Buccigross, Graham) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#32) CERTIFICATE of Interested Parties filed by Defendant NiuSource, Inc., (Buccigross, Graham) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#31) CERTIFICATE of Interested Parties filed by Defendants Anhui Jinhe Industrial Co., Ltd., Jinhe USA LLC, identifying Anhui Jinhe Industrial Co., Ltd.. (Buccigross, Graham) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#30) CERTIFICATE of Interested Parties filed by Defendant Apura Ingredients, Inc., (Buccigross, Graham) (Entered: 05/20/2021)

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  • 05/19/2021
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  • Docket(#29) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Stay Case pending Litigation Pending International Trade Commission Investigation #28 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) (Entered: 05/19/2021)

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  • 05/18/2021
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  • Docket(#28) NOTICE OF MOTION AND MOTION to Stay Case pending Litigation Pending International Trade Commission Investigation filed by Defendants Anhui Jinhe Industrial Co., Ltd., Apura Ingredients, Inc., Jinhe USA LLC, NiuSource, Inc., ProSweetz Ingredients Inc.. (Attachments: #1 Memorandum In Support Of Motion To Stay, #2 Exhibit 1. 2021.04.08 - Celanese Letter, #3 Exhibit 2. 2021.05.10 - Notice of Institution of Investigation, #4 Exhibit 3. 2021.05.14 - Federal Register - Notice of Institution, #5 Proposed Order) (Attorney Graham Marc Buccigross added to party Apura Ingredients, Inc.(pty:dft)) (Buccigross, Graham) (Entered: 05/18/2021)

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  • 05/13/2021
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  • Docket(#27) SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant Apura Ingredients, Inc. served on 5/13/2021, answer due 6/3/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) (Entered: 05/13/2021)

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  • 05/10/2021
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  • Docket(#26) SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Celanese International Corporation, upon Defendant Suzhou-Chem, Inc. served on 4/29/2021, answer due 5/20/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wainscoat, Aaron) (Entered: 05/10/2021)

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15 More Docket Entries
  • 04/09/2021
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  • Docket(#10) [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 4/14/2021, SEE DOCKET NO. 14] APPLICATION of Non-Resident Attorney Aaron G. Fountain to Appear Pro Hac Vice on behalf of Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-31083676) filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) Modified on 4/14/2021 (gk). (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#9) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Ellen Scordino. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#8) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aaron Fountain. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Anhui Jinhe Industrial Co., Ltd., Apura Ingredients, Inc., Jinhe USA LLC, NiuSource, Inc., ProSweetz Ingredients Inc., Suzhou-Chem, Inc. (lh) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 04/09/2021)

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  • 04/09/2021
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  • Docket(#5) NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Karen L. Stevenson. (lh) (Entered: 04/09/2021)

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  • 04/08/2021
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  • Docket(#4) Certificate and NOTICE of Interested Parties filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd., identifying Celanese International Corporation, subsidiary of Celanese Corporation; Celanese (Malta) Company 2 Limited, subsidiary of Celanese Corporation; Celanese Sales U.S. Ltd., subsidiary of Celanese Corporation;. (Jay, Michael) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#3) Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) #2 , Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs Celanese (Malta) Company 2 Limited, Celanese International Corporation, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-31075735 - Fee: $402, filed by Plaintiffs Celanese Sales U.S. Ltd., Celanese (Malta) Company 2 Limited, Celanese International Corporation. (Attachments: #1 Exhibit Exhibits A - Q to the Complaint for Patent Infringement) (Attorney Michael D Jay added to party Celanese (Malta) Company 2 Limited(pty:pla), Attorney Michael D Jay added to party Celanese International Corporation(pty:pla), Attorney Michael D Jay added to party Celanese Sales U.S. Ltd.(pty:pla))(Jay, Michael) (Entered: 04/08/2021)

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