Austria's Lenzing Group has launched a legal action in a German court against Zimmer AG for alleged patent infringement on a core element of Lyocell fibre production technology.

Lenzing filed its legal action with the Regional Court Frankfurt against Zimmer AG, as well as against Alceru Schwarza GmbH, a subsidiary of Zimmer AG, for infringement of the German part of a European patent it owns.

The patent EP 0 584 318 relates to cooling of the moulded cellulose by exposure to a gas stream immediately after moulding and is one of the core items of the so-called "Lyocell" technology.

Lenzing says that it is of the opinion that it is impossible to apply the Lyocell process without infringing one of its patents, especially the patent at the heart of this legal action. Before the action was brought against Zimmer, the company contested the use of the patent owned by Lenzing AG and maintained to be using its own technology.

"We are firmly determined to defend the lead, protected by patents, which we have with the Lyocell technology," said Thomas Fahnemann, chairman of Lenzing AG's Board of Management.

"And we are convinced that, on account of our patent position, we can prevent Zimmer AG from engaging in any Lyocell activities in Germany, as well as in other countries covered by patents."

Over the past few years Lenzing and Zimmer have fought six patent battles on Lyocell technology. Thus far Lenzing has the upperhand, having two final decisions in its favour, and three first instance decisions under appeal by Zimmer. One case is still waiting for a decision in the first instance.

Inteletex - 04/12/2003