This case was last updated from PACER on 05/31/2021 at 07:13:18 (UTC).

Kurita America Inc. v. BASF Corporation et al

Case Summary

On April 1, 2021, Kurita America Inc. (“Plaintiff” or “Kurita America”), represented by Autumn N. Nero, Christopher G. Hanewicz, Kathleen A. Stetsko and Michelle M. Umberger of Perkins Coie LLP, filed an intellectual property lawsuit against BASF Corporation and BASF Enzymes, LLC (“BASF”), and Illinois River Energy, LLC, d/b/a CHS Ethanol (“CHS Ethanol”) (collectively, “Defendants”), seeking injunctive relief and damages, for the infringement of United States Patent Nos. 8,415,137 (’137 patent) and 8,609,399 (’399 patent) (collectively, the “Patents-in-Suit”). This case was filed in the U.S. District Court for the Northern District of Illinois with Judge Gary Feinerman presiding.

 

In its complaint, the plaintiff alleged that “On or about June 2016, BASF began offering for sale and selling a phytase enzyme product to fuel ethanol plants under the name Fueltase®. BASF has sold Fueltase® as a direct replacement for pHytOUT®, which is used in fuel ethanol plants to control deposits and reduce backend fouling and sulfuric acid use, as claimed by the Kurita America Patents; Novozymes’ Phytaflow®; and CTE’s previously-accused phytase product.” “Kurita America has presented and marketed pHytOUT® as its “patented” deposit control technology and publicly announced the issuance of the ’137 and ’399 Patents to the industry. BASF has thus had actual knowledge of each of the ’137 and ’399 Patents since at least October 14, 2019, and, upon information and belief, BASF has had knowledge of the ’137 and ’399 Patents and/or has willfully blinded itself as to the infringing nature of its activity since the issuance of the ’137 and ’399 Patents.”

“BASF, with knowledge of the ’137 and ’399 Patents, has offered its Fueltase® product for sale to a number of Kurita America customers with the intent for said customers to use Fueltase® to replace Kurita America’s pHytOUT® product to carry out the methods claimed in the ’137 and ’399 Patents.” “BASF has offered to sell and has sold Fueltase® to CHS Ethanol, a dry-mill ethanol production facility in Rochelle, Illinois, and a long-time customer of Kurita America, with the intent that CHS Ethanol use Fueltase® in the same manner as Kurita America’s patented pHytOUT® methods, i.e., to carry out the methods claimed in the ’137 and ’399 Patents.”

 

The plaintiff further alleged that “upon information and belief, CHS Ethanol purchased and used a different phytase as a direct replacement for pHytOUT®, and subsequently switched to BASF’s Fueltase® product using Kurita America’s patented method for at least the same purpose.”

“By using Fueltase® in the manner and method prescribed by Kurita America, CHS Ethanol and at least some of the plants referred to above have practiced each and every limitation and thus directly infringed and/or are directly infringing at least one of the method(s) claimed in each of the ’137 and ’399 Patents, including without limitation at least independent claim 1 and dependent claims 6 and 7 of the ’137 Patent, and at least independent claims 1 and 2 of the ’399 Patent, among others.”

 

There are two claims for relief laid down by the plaintiff. The first claim is for the alleged infringement of ’137 patent and the second claim is for the alleged infringement of ’399 patent.

 

In its prayer for relief, the plaintiff has requested the court to adjudge that Defendants have infringed the ‘Patents-in-suit’ and permanently enjoin the Defendants from infringing the ‘Patents-in-suit’; award all actual and compensatory damages with prejudgment and post-judgment interest; and award attorneys’ fees and litigation costs, with interest.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01759

  • Filing Date:

    04/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Gary Feinerman

 

Party Details

Plaintiff

Kurita America Inc.

Defendants

Illinois River Energy, LLC, d/b/a CHS Ethanol

BASF Enzymes, LLC

BASF Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Michelle M. Umberger

Attorney at Perkins Coie LLP

33 East Main Street, Suite 201

Madison, WI 53703-3095

Autumn N. Nero

Attorney at Perkins Coie Llp

33 East Main Street, Suite 201

Madison, WI 53703

Kathleen A. Stetsko

Attorney at Perkins Coie LLP

131 S. Dearborn St., Suite 1700

Chicago, IL 60603

Christopher G. Hanewicz

Attorney at Perkins Coie LLP

33 East Main Street, Suite 201

Madison, WI 53703

Brandon Michael Lewis

Attorney at Perkins Coie Llp

33 East Main Street, Suite 201

Madison, WI 53703

Defendant Attorneys

Laura A. Labeots

Attorney at Lathrop Gpm

155 N. Wacker, Suite 3000

Chicago, IL 60606

Bryan E Minier

Attorney at Lathrop GPM LLP

155 North Wacker Drive, Suite 3000

Chicago, IL 60606

Paul R. Steadman

Attorney at DLA Piper LLP (US)

444 West Lake Street, 9Th Floor

Chicago, IL 60606

Stephanie Haeun Lim

Attorney at Dla Piper Llp (us)

444 West Lake Street, Suite 900

Chicago, IL 60606

Ferlillia V. Roberson

Attorney at DLA Piper LLP US

444 West Lake Street, Suite 900

Chicago, IL 60606-0089

Aaron Patrick Bowling

Attorney at DLA Piper LLP US

444 West Lake Street, Suite 900

Chicago, IL 60606

 

Court Documents

#28

#27

#26

#25

#24

#23

#22

#21

#20

#18

#6

#5

#4

#3

#2

1 #2

Exhibit B: U.S. Patent No. 8,609,399

1 #1

Exhibit A: U.S. Patent No. 8,415,137

#1

19 More Documents Available
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Docket Entries

  • 05/26/2021
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  • Docket(#28) MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #26 is granted. The deadline for Defendant Illinois River Energy to file a responsive pleading is extended to 6/25/2021.Mailed notice. (jlj, ) (Entered: 05/26/2021)

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  • 05/25/2021
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  • Docket(#27) ATTORNEY Appearance for Defendants BASF Corporation, BASF Enzymes, LLC by Paul R. Steadman (Steadman, Paul) (Entered: 05/25/2021)

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  • 05/24/2021
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  • Docket(#26) MOTION by Defendant Illinois River Energy, LLC, d/b/a CHS Ethanol for extension of time to file answer or respond (Labeots, Laura) (Entered: 05/24/2021)

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  • 05/21/2021
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  • Docket(#25) MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #23 is granted. The time for BASF Defendants to file a responsive pleading is extended to 6/25/2021. The motion hearing set for 5/26/2021 #24 is stricken. Mailed notice. (jlj, ) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#24) UNOPPOSED - NOTICE of Motion by Ferlillia V. Roberson for presentment of motion for extension of time to file answer #23 before Honorable Gary Feinerman on 5/26/2021 at 09:00 AM. (Roberson, Ferlillia) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#23) MOTION by Defendants BASF Corporation, BASF Enzymes, LLC for extension of time to file answer regarding complaint #1 Or Otherwise Respond To Plaintiff's Complaint - (Roberson, Ferlillia) (Entered: 05/21/2021)

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  • 05/13/2021
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  • Docket(#22) ATTORNEY Appearance for Plaintiff Kurita America Inc. by Brandon Michael Lewis (Lewis, Brandon) (Entered: 05/13/2021)

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  • 04/27/2021
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  • Docket(#21) MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #18 is granted. The deadline for BASF Defendants to file a responsive pleading is extended to 5/26/2021. The motion hearing set for 4/29/2021 #18 is stricken. Mailed notice. (jlj, ) (Entered: 04/27/2021)

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  • 04/26/2021
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  • Docket(#20) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BASF Corporation, BASF Enzymes, LLC re attorney appearance #16 , attorney appearance #15 , attorney appearance #17 , MOTION by Defendants BASF Corporation, BASF Enzymes, LLC for extension of time to file answer regarding complaint #1 - Unopposed Motion For An Extension Of Time To Answer Or Otherwise Respond To Plaintiff's Complaint - #18 (Roberson, Ferlillia) (Entered: 04/26/2021)

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  • 04/26/2021
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  • Docket(#19) UNOPPOSED - NOTICE of Motion by Ferlillia V. Roberson for presentment of motion for extension of time to file answer, #18 before Honorable Gary Feinerman on 4/29/2021 at 09:00 AM. (Roberson, Ferlillia) (Entered: 04/26/2021)

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10 More Docket Entries
  • 04/01/2021
  • DocketSUMMONS Issued as to Defendants BASF Corporation, BASF Enzymes, LLC, Illinois River Energy, LLC, d/b/a CHS Ethanol (crl, ) (Entered: 04/01/2021)

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  • 04/01/2021
  • DocketCASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (mxo, ) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#8) Plaintiff's Notice of Claims Involving Patents by Kurita America Inc. (Umberger, Michelle) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#7) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kurita America Inc. (Umberger, Michelle) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#6) ATTORNEY Appearance for Plaintiff Kurita America Inc. by Kathleen A. Stetsko (Stetsko, Kathleen) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#5) ATTORNEY Appearance for Plaintiff Kurita America Inc. by Autumn N. Nero (Nero, Autumn) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiff Kurita America Inc. by Christopher G. Hanewicz (Hanewicz, Christopher) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#3) ATTORNEY Appearance for Plaintiff Kurita America Inc. by Michelle M. Umberger (Umberger, Michelle) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#2) CIVIL Cover Sheet (Umberger, Michelle) (Entered: 04/01/2021)

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  • 04/01/2021
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  • Docket(#1) COMPLAINT filed by Kurita America Inc.; Jury Demand. Filing fee $ 402, receipt number 0752-18080426. (Attachments: #1 Exhibit A: U.S. Patent No. 8,415,137, #2 Exhibit B: U.S. Patent No. 8,609,399)(Umberger, Michelle) (Entered: 04/01/2021)

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