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ArcelorMittal Usibor®-AS Patent Case to be Reviewed in District Court
04/22/2013 - In defense of its patent rights, ArcelorMittal filed complaints before the District Court of Delaware on 16 April 2013 to demonstrate that AK Steel, Severstal North America (SNA) and SNA’s coating partner, Wheeling-Nisshin, have infringed upon its Usibor® aluminum silicon coated products patent.
In defense of its patent rights, ArcelorMittal filed complaints before the District Court of Delaware on 16 April 2013 to demonstrate that AK Steel, Severstal North America (SNA) and SNA’s coating partner, Wheeling-Nisshin, have infringed upon its Usibor® aluminum silicon coated products patent (Usibor®-AS) by selling steel grades protected under the Usibor®-AS patent to automakers and their supply chains.
The decision follows the U.S. Patent and Trademark Office’s reissuance of patent RE44,153 on 16 April 2013, covering the domestic production of Usibor®-AS as a hot rolled or cold rolled steel with a Ultimate Tensile Strength of 1,000 megapascal (MPa) or higher after hot forming. The patent does not expire until 9 July 2019.
In addition to patent protection in the U.S., counterpart Usibor®-AS patents in Canada, many European countries, Brazil and Japan cover the production, import and/or sale of steel, steel parts and vehicles containing the Usibor®-AS technology. Additionally, the importation into the U.S. of steel, steel parts or vehicles containing the infringing steel may also be subject to legal action.
If the court rules in ArcelorMittal’s favor, AK and SNA will be held liable for damages in the case, and the company will seek an entry of injunction, prohibiting AK and SNA from further sale of infringing steel. Infringement of ArcelorMittal’s Usibor®-AS patent by other steelmakers places the entire supply chain at significant risk for financial and reputational consequences.
Usibor®-AS, an aluminum pre-coated hot rolled or cold rolled steel, is an important product in ArcelorMittal’s portfolio of automotive steel solutions. Usibor®-AS, often used in anti-intrusion and safety cage components, contributes to a significant weight savings for the final part, compared to standard high yield strength steel. Supplied in the U.S. by ArcelorMittal’s Indiana steelmaking facilities, Usibor®-AS allows automakers to significantly reduce the weight of a vehicle, thereby increasing fuel efficiency. Usibor®-AS also allows automakers to replace aluminum and carbon fiber in vehicles since the thinner yet higher strength material reduces a vehicle’s weight at a much lower cost.
