Court Cases to Stop Use of INVISTA ADN
Technology Proceed against Rhodia, Partners
U.S. Federal Court Denied Rhodia’s Request for Dismissal
French Arbitration Panel Lacks Jurisdiction over Rhodia S.A., Defendant in Delaware Case
February 02, 2010 11:00 AM Eastern Time
WILMINGTON, Del.--(EON: Enhanced Online News)--INVISTA’s defense of its world-leading nylon
technology continues in pending court cases in Delaware and New York, bolstered by a Paris arbitration panel
affirming that it lacks jurisdiction over Rhodia S.A., the sole defendant in the Delaware case.
In the U.S. legal proceedings, INVISTA seeks to stop French competitor Rhodia and its potential venture partners
from misappropriating INVISTA’s technology.
“Arbitration in France continues and remains a confidential proceeding,” said INVISTA spokesperson Mary Beth
Jarvis, “but the panel’s preliminary findings, discussed last week in a press release by Rhodia, certainly do not give
Rhodia the freedom to use the INVISTA technology that Rhodia needs to build a new ADN plant.”
“In the meantime, INVISTA’s legal actions continue against Rhodia in Delaware and against one of its potential
venture partners in federal court in New York. We will continue to defend aggressively our world-leading nylon
technology against any parties who attempt to use it illegally.”
INVISTA filed the Delaware case in late 2008. Rhodia sought to have the case dismissed or stayed, asserting that
the issues should only be dealt with via arbitration in France. The Delaware court subsequently denied Rhodia's
motion, refusing to compel arbitration and allowing INVISTA's case to proceed.
The Delaware court ruled for INVISTA on the basis that the INVISTA entities who actually own the technology are
not subject to the arbitration provision included in the agreement that formed the France-based joint venture between
affiliates of INVISTA and Rhodia.
The INVISTA trade secrets at issue relate to its proprietary process for producing ADN, a critical intermediat