Kaneka Corporation has been in dispute with Zhejiang Medicine Co. Ltd., and ZMC-US LLC ("ZMC") since March 2011, for patent infringement concerning Kaneka’s US patent No. 7,910,340 relating to oxidized coenzyme Q10.
On November 30, 2015, the District Court in Texas granted a ZMC Motion for Summary Judgment based on ZMC’s allegation that Kaneka did not adduce evidence sufficient to prove infringement by ZMC. Kaneka strongly disagrees with the Court’s interpretation of the evidence and with the Court’s legal decision. Kaneka will continue the dispute and intends to appeal the decision and judgment to the Federal Circuit Court of Appeals; that is the same court in which Kaneka, on June 10, 2015, prevailed in its appeal of a decision from the U.S. District Court, Central District of California in Los Angeles in Kaneka’s coenzyme Q10 patent infringement case against defendants Xiamen Kingdomway Group Company, Pacific Rainbow International Inc. and Shenzhou Biology and Technology Co., Ltd. The Texas District Court in its decision should have followed the decision of the higher court; the District Court’s decision in this case is contrary to the Federal Circuit Court of Appeal’s decision which Kaneka will challenge as clearly erroneous and as a matter of law.
This dispute relates to only the oxidized form of coenzyme Q10; Kaneka mainly sells the reduced form of coenzyme Q10 (Kaneka QH™).
Kaneka Corporation v. Zhejiang Medicine Co., Ltd., and ZMC-USA L.L.C.,
United States District Court for the Southern District of Texas, Houston Division, Case No. 4:11-cv-01052