Fact note on FLSmidth duoflex burners patent

Fact note on FLSmidth duoflex burners patent

FLSmidth A/S and its Indian subsidiary FLSmidth Private Limited have raised an alarm against misuse of its IPR (Intellectual Property Rights) by a company in the in the cement industry. Last year FLSmidth A/S and FLSmidth Private Limited jointly issued a legal notice to Sanghavi Engineering Hyderabad against unauthorized manufacture and sale of kiln burners to various cement manufacturers, replicating the patented technology used in FLS' famous DUOFLEX burners at a fraction of the cost compared to that of FLS' DUOFLEX burners. Sanghavi Engineering and its sister company, denying these allegations, initiated an action against FLS before Bombay High Court, alleging groundless threats. The Court directed FLS to issue five days notice prior to initiating any action against Sanghavi Engineering. FLSmidth initiated a patent infringement suit after giving due notice before Ranga Reddy (R.R) District Court at LB Nagar Hyderabad against Sanghavi Engineering and a leading cement manufacturing company, which had procured an infringing burner. Given the size and weight of the burners, FLS has also sought appointment of an advocate commissioner to inspect Sanghavi Engineering's manufacturing unit and the cement plant of that leading cement manufacturing company. Sanghavi Engineering has challenged the validity of the patent both in the Court and before the Intellectual Property Appellate Board (IPAB). The suit filed originally before R.R District Court stands transferred to Andhra Pradesh High Court, as Sanghavi Engineering has set up a counter claim to challenge the patent.


For more details contact:
Aga Aravind, Manager Legal, agar-in@flsmidth.com.

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