This case was last updated from PACER on 11/15/2021 at 19:42:32 (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

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

Susan Krumplitsch

Attorney at DLA Piper LLP

2000 University Avenue

Palo Alto, CA 94303

Aaron G Fountain

Attorney at DLA Piper LLP US

401 Congress Avenue Suite 2500

Austin, TX 78701

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

Ellen A. Scordino

Attorney at DLA Piper LLP US

33 Arch Street 26Th Floor

Boston, MA 02110-1447

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

#44

#43

#42

41 #3

G64 Order

41 #2

Certificate of Good Standing - Commonwealth of Massachusetts

41 #1

Certificate of Good Standing - Appellate Division of the Supreme Court, State o

41 #41

Main Document

#40

37 #3

Proposed Order on Application of Non-Resident Attorney to Appear in a Specific C

#9

#8

#7

#6

#5

#4

#3

#2

39 More Documents Available
View All Documents

 

Docket Entries

  • 10/04/2021
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  • Docket(#44) STATUS REPORT Joint Status Report filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 10/04/2021)

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  • 08/16/2021
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  • Docket(#43) STATUS REPORT Joint Status Report filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 08/16/2021)

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  • 07/14/2021
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  • Docket(#42) ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Ellen A. Scordino to Appear Pro Hac Vice on behalf of Plaintiffs Celenese International Corporation, Celanese (Malta) Company 2 Limited, and Celanese Sales U.S. Ltd., designating Aaron Wainscoat as local counsel #41 . (gk) (Entered: 07/15/2021)

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  • 07/12/2021
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  • Docket(#41) Corrected APPLICATION of Non-Resident Attorney Ellen A. Scordino 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 - $500.00 Previously Paid on 6/29/2021, Receipt No. 31546395) filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Attachments: #1 Certificate of Good Standing - Appellate Division of the Supreme Court, State of New York, #2 Certificate of Good Standing - Commonwealth of Massachusetts, #3 G64 Order) (Jay, Michael) (Entered: 07/12/2021)

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  • 07/09/2021
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  • Docket(#40) STATUS REPORT Joint Status Report filed by Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 07/09/2021)

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  • 07/01/2021
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  • Docket(#39) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Pro Hac Vice Application filed 6/29/2021 #37 . The document is stricken. (gk) (Entered: 07/01/2021)

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  • 06/30/2021
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  • Docket(#38) NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Ellen A. Scordino 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. AC #37 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. Other error(s) with document(s): A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. (lt) (Entered: 06/30/2021)

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  • 06/29/2021
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  • Docket(#37) [DOCUMENT STRICKEN PER RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS ON 7/1/2021, SEE DOCKET NO. 39] APPLICATION of Non-Resident Attorney Ellen A. Scordino 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-31546395) filed by plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. (Attachments: #1 Certificate of Good Standing - Appellate Division of the Supreme Court, State of New York, #2 Certificate of Good Standing - Commonwealth of Massachusetts, #3 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Jay, Michael) Modified on 7/1/2021 (gk). (Entered: 06/29/2021)

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  • 06/22/2021
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  • Docket(#36) Notice of Appearance or Withdrawal of Counsel: for attorney Michael D Jay counsel for Plaintiffs Celanese International Corporation, Celanese Malta Company 2 Limited, Celanese Sales U.S. Ltd.. Aaron Wainscoat is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiffs Celanese International Corporation, Celanese (Malta) Company 2 Limited, Celanese Sales U.S. Ltd.. (Jay, Michael) (Entered: 06/22/2021)

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  • 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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24 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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