M&G accuses Italian firms of patent infringement

PET resin manufacturer Mossi & Ghisolfi (M&G has initiated legal proceedings against three bottling companies in Italy claiming infringement of its packaging material barrier technology patent.

The lawsuit was initiated by group subsidiary companies Cobarr and M&G Polimeri against Italian soft drinks suppliers Pepsico Beverages Italy, Acqua Minerale San Benedetto, and Iper Montebello.

M&G's alleges that packaging materials used to market the 7UP soft drinks brand infringe gas barrier claims of the group's patent EP 0964031 B1 with the corresponding Italian patent 99109316.2.

This is the second time recently that M&G has resorted to legal action to protect its intellectual property rights. Last year, its subsidiary Cobarr initiated similar proceedings in Germany where the group again alleged barrier technology patent infringement by the drinks manufacturer Red Bull Deutschland and its packaging supplier Alpla Werke Alwin Lehner.

That case continues after Alpla, based in Austria, failed in its bid earlier this year to have the judge in Germany dismiss M&G's case. The judge ordered Red Bull and Alpla to submit responses to M&G's claim by 2 June 2009. Cobarr has until 2 November 2009 to submit its response to these before an oral court hearing scheduled for 28 January 2010.

M&G, as a pioneer of many patented aspects of barrier solutions on the market, declared that if its intellectual property rights are not respected it believes it must take legal action.

"With an increasing number of barrier solutions coming on the market, M&G Group feels that it is the right time to stand its ground and protect its intellectual property rights," it stated in early June.

Commenting on the Italian case, Dario Giordano, M&G's corporate director of research and development, said: "Fundamentally, M&G believes that licensing is the most efficient way to respect another's intellectual property and I remain hopeful that in the future, those who operate or want to operate within the claims of EP 0964031 B1 or any other M&G patent will seek a proper licence."

Family-owned M&G operates PET plants in Italy, Brazil, Mexico and the US with a global capacity of 1.65 million tpa. Group sales in 2007 reached $2.8bn (€2bn), of which 90% resulted from PET resin business.

In February last year, the group sold its Italian PET bottle preform production plants, Europa Preforme in Verbania and Preforme Sud in Anagni to the Michigan, US-based blow moulder Plastipak Packaging for an undisclosed sum.

Almost a year earlier, M&G launched a 450,000 tpa South American PET plant in Suape, Brazil which it has already begun to expand to 650,000 tpa. Meanwhile, the group has future plans to build a giant 800,000 tpa PET plant in the US.