Ajinomoto Wins Patent Infringement Lawsuit of Feed-Use Lysine 

23/08/07 The Hague Patent Court in The Netherlands has ordered Bio-chem Technology Group Company Ltd. (GBT), its three subsidiaries and GBT's European distributors to cease infringement in the Netherlands on two Ajinomoto patents relating to L-Lysine production.

Ajinomoto Co., Inc. (Japan) and its European subsidiary, Ajinomoto Eurolysine (France) started patent infringement proceedings against GBT and GBT's European distributors Helm AG and Helm Benelux NV with the Dutch Court in May 2006. The Court handed down the judgment on 22 August 2007, awarding Ajinomoto's claims for patent infringement. GBT was also ordered to pay damages to Ajinomoto for patent infringement in the past. The court has stayed the proceedings regarding a third Ajinomoto patent in this field, pending opposition proceedings before the European Patent Court in Munich.

The Court of the Hague in the Netherlands ruled that Lysine manufactured by the GBT group（China) and sold in the Netherlands infringes Ajinomoto's patents EP0733710 and EP0 733 712 for Lysine production. At the same time, the Court declared the Ajinomoto's patents covering advanced technology for the production of lysine, to be valid.

The Court's order enjoins the defendants GBT and Helm with immediate effect to make, use, sell, offer to sell, import, trade, stock the Lysine infringing the patents. The Court also ordered GBT and Helm to pay Ajinomoto and Ajinomoto Eurolysine a penalty in case the defendants do not properly comply with the order. Also, GBT and Helm will have to recall infringing lysine that is already on the Dutch market and they will have to provide information on the infringing sales in the Netherlands.

The decision is a fully motivated judgment on the merits by the specialized patent chamber of the The Hague Court, one of most renowned patent courts in the world. The decision is open to appeal, but an appeal will not stay the enforceability of the decision.

Ajinomoto group has been making intensive investments on R&D for advanced production technologies and committed itself to contribution to the feed/animal industry as a world-leading amino acid producing company. Ajinomoto is of the opinion that infringement of the intellectual property rights obstructs such efforts, and therefore, Ajinomoto will continue to pursue necessary measures to protect its legitimate rights.