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Gish PLLC Wins Dismissal of Patent Infringement Suit for Zydex Based on Lack of Article III Standing

11/25/2024For homepage showcase, News

In a rare decision from the U.S. District Court for the District of Delaware granting dismissal of a patent infringement suit based on lack of standing, Gish PLLC has helped Zydex, a multi-national corporate group committed to developing environmentally sustainable products, achieve victory in a long running patent dispute with ALM Holding Company and Ergon Asphalt & Emulsions, Inc.

On March 21, 2024, Plaintiffs ALM and Ergon filed a Complaint against Zydex in the U.S. District Court for the District of Delaware, alleging that Zydex’s ZycoTherm-branded asphalt additive products infringe U.S. Patent No. 10,214,646; U.S. Patent No. 7,815,725; U.S. Patent No. 9,394,652; U.S. Patent No. 7,981,466; U.S. Patent No. 8,734,581; and U.S. Patent No. 9,175,446. Zydex denied all wrongdoing, asserted that Plaintiffs’ claims were barred under principles of equitable estoppel, and raised counterclaims of patent invalidity and non-infringement.

In a Rule 12(b)(1) motion filed on June 20, 2024, Gish PLLC argued on behalf of Zydex that Plaintiffs lacked any exclusionary rights to the six asserted patents, having divested any such rights to a third-party exclusive licensee. In an Order dated November 26, 2024, after carefully analyzing the terms of Plaintiffs’ exclusive license in light of Federal Circuit precedent, the Delaware Court dismissed Plaintiffs’ infringement claims for lack of constitutional standing.

The case is entitled A.L.M. Holding Co. & Ergon Asphalt & Emulsions Inc. v. Zydex Industries Private Ltd. & Zydex Inc., Civil Action No. 1:24-cv-363-JPM (D. Del.). Gish PLLC partners Andrew Gish, Ed Tulin, Conor McDonough, Darlena Subashi, Joel Lin, and counsel Ray Bilderbeck represented Zydex.