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August 29, 2019

Aspen Aerogels claims U.S. patent victory against Chinese manufacturers

Photo | Grant Welker Aspen Aerogels's Northborough facility

Aspen Aerogels of Northborough is claiming a legal win against a Chinese manufacturer of aerogel products after a U.S. Court of Appeals affirmed a 2018 decision upholding the company’s patent on aerogel insulation. 

The ruling affirms the U.S. International Trade Commission’s 2018 determination finding Aspen’s patent was valid, against the claims of Chinese companies Guangdong Alison Hi-Tech Co., Ltd and Nano Tech Co., Ltd. 

Further, Wednesday’s development affirmed the ITC’s 2018 decision finding those companies both infringed on several of Aspen’s valid products and patents. 

An exclusion order barring products from those companies has been enforced by U.S. Customs and Border Protection since April 2018. 

The company’s patent spat with the two Chinese firms dates back to 2016 via an initial complaint to the ITC, which issued its final ruling in 2018, only to be appealed and then upheld Wednesday. 

The ruling comes just months after Aspen said it won a German patent case against those firms. That decision also barred the companies from selling the infringing product in Germany.

"Our success at the U.S. Court of Appeals, along with our recent victories in the German courts, reinforces the scope and strength of Aspen's worldwide aerogel patent portfolio,” President and CEO Don Young said in a statement. “From the outset, we have maintained our firm belief that both Alison and Nano infringe our patents.”

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