Patent war reaches Singapore shores

Syntroleum Corp., based in Tulsa, Okla., U.S.A., has sued Neste Oil Singapore Pte Ltd in the High Court of Singapore for patent infringement.
Syntroleum is asserting its Singapore Patent No. 172,045 entitled “Even Carbon Number Paraffin Composition And Method of Manufacturing Same.”
In the court filing, Syntroleum alleges that Neste’s “operation at its renewable diesel refinery in Singapore involves the processing of a bio-renewable feedstock to produce a hydrocarbon composition having at least 75 wt % even carbon number paraffins,” which Syntroleum alleges “is claimed at the very least, in claim 22 of the Patent.” Syntroleum’s patent, issued on November 15, 2012, expires on December 10, 2028.
The two companies have been in a fight over biodiesel technology patents, with Neste last year suing Syntroleum in U.S. courts.
In May 2012, Neste Oil Singapore’s parent, Finland’s Neste Oil Corp., sued Syntroleum for alleged infringement of Neste’s U.S. Patent No. 8,187,344. On January 31, 2013, the United States District Court for the District of Delaware granted Syntroleum’s motion to stay Neste’s lawsuit pending reexamination of the ‘344 patent by the U.S. Patent & Trademark Office (USPTO).
Previously, the USPTO had granted Syntroleum’s inter partes reexamination request and issued a September 14, 2012 Office Action initially rejecting all claims of the ‘344 patent.
The ‘344 patent is related to and shares the same inventors as a prior Neste patent (U.S. Patent No. 7,279,018), and both are directed to a fuel composition for diesel engines. The USPTO’s recent order is consistent with a prior finding on March 22, 2012 by the USPTO’s Board of Patent Appeals and Interferences affirming the Examiner’s rejection of the ‘018 patent’s claims.
Neste declined to appeal that ruling and on July 31, 2012, the USPTO issued a Reexamination Certificate canceling all claims of the ‘018 patent. The reexamination proceedings involving the ‘344 patent remain pending.
Syntroleum continues to defend a second suit filed by Neste on December 20, 2012 in the District of Delaware alleging patent infringement of U.S. Patent No. 8,212,094. The ‘094 patent covers similar subject matter and shares a common inventor with Neste’s ‘018 and ‘344 patents. Syntroleum denies Neste’s claims.
Other parties to lawsuit, besides Syntroleum, are U.S.-based Dynamic Fuels, LLC, and Tyson Foods, Inc. Neste Oil believes that one of its patents is being infringed by Dynamic Fuels, Syntroleum and Tyson Foods in the production of renewable diesel at Dynamic Fuels’ plant in Geismar, La., U.S.A. The action asserts infringement of Neste Oil’s U.S. Patent, which protects aspects of Neste Oil’s renewable diesel technology, and was issued on May 29, 2012 and expires in 2025.
“Neste Oil is the world’s leading producer of premium-quality renewable diesel,” said Matti Hautakangas, Neste Oil’s general counsel. “Based on our proprietary technology, Neste Oil’s NExBTL renewable diesel is the world’s best and cleanest diesel fuel today. We have protected this technology, which is very important for the Group’s business, with a number of patents and are committed to vigorously defending our intellectual property in this and other areas worldwide.”
Neste Oil has invested some € 1.5 billion (US$1.8 billion) in renewable diesel production at its sites in Singapore, the Netherlands, and Finland over the last few years and currently has approximately 2 million tons per annum of NExBTL renewable diesel capacity.