Dentons Biochemistry: Announcement on New Dutch Patent Infringement

On October 28,, Dentons Biochemical Technology Group Co., Ltdissued a notice on the new progress related to patent infringement in the Netherlandsa new writ issued by theof the company in respect of EP'710tkY23 October 2013, the group member company concerned was informed by the Company's Dutch legal counsel that a writ had been served on the Group member company at the request of the plaintiff, in connection with a preliminary relief procedure for a new ep's violation of '710) in front of the Court of the HagueAccording to the writ, the plaintiff alleges that the research institution commissioned by the plaintiff found that a sample taken in the Netherlands in February 2013 (subsequently analysed by the research institution) violated EP'710tkY
Under the writ, the plaintiff seeks the court to determine that the group member company concerned has infringed and to issue an order to the group member company concerned, including:tkY(i) increase the fine of EP'710 and EP 0.733.712 in the pre-judgment to EUR 10,000 per kilogram or daily (or less);tkY(ii) prohibits the group member companies from supplying, trading and importing any L-lysine products in the Netherlands unless they may provide test reports issued by research institutions and an independent accountant's statement that there is no infringement on EP '710 of L-Lysine products produced by the Group member companies;tkY(iii) prohibits the Group member company from infringing this patent within one year of the expiration of EP '710;tkY(iv) provides the plaintiff's legal counsel with the number of infringing L-Lysine products drafted by an independent accountant, The realized turnover and net profit overview, as well as the list of third parties involved in the Netherlands, is subject to review by an independent accountant directed by the plaintiff;tkY(v) requires all buyers of the Group member company concerned to return the infringing L-Lysine products,tkY(vi) post statements on the Company's website, issue press releases and advertise in industry publications;tkY(vii) provides an overview of the income, capital position and recoverable goods (assets) of the Group member companies in Europe, accompanied by a report from an independent accountant;tkY(viii) to order the Group member companies concerned not to cede all recoverable goods in Europe to, set a property rights burden or otherwise misappropriate;tkY
(x) Pay a fine of 100,000 euros per day for non-compliance with any of the above orders, andpay the costs of legal proceedings in accordance with the relevant legal proceedings in(xi) tkY
　　The hearing date for the above proceedings has been scheduled for 13 January 2014 The Group is seeking legal advice on these legal proceedings Based on the facts and circumstances known to the Board of Directors and subject to further legal advice and a detailed assessment of the business and financial impact, the Board believes that this legal process will not have any significant impact on the overall financial or operational position of the Group, given that the L-Lysine products sold by the Group to the Netherlands for the year ended 31 December 2012 amount to approximately US$11,602,000, or approximately 1 per cent of the Group's turnover in that year tkY on the progress of the infringement case: tkY Company's announcements dated 22 August 2007, April 12, 2011, May 20, 2013 and August 9, 2013 disclosed that the Company and several of its wholly owned subsidiaries were involved in a number of Anojijijimoto Co Inc and Ajinomoto Eurolysine S.A.S ("plaintiffs") filed in the Netherlands against the group's member companies In such proceedings, the plaintiff alleges that the group member company concerned infringed four registered patents by submitting a proposal in the Netherlands to sell, import or buy l-lysine products from the group member company concerned For Patent Holland ep 0.773.710 (entitled "Process for Production of L-Lysine by Fermentation") ("EP'710"), EP 0.733.712 (titled "Production MaterialS Procedures"), EP.796.912 (titled "New lysine deglutinase gene and procedure for the production of L-Lysine" (Novel Lysine Decarillase Gene and Process for Production L-Lysine) and EP 1.664.318 (titled "The Method for producing L-amino acid microorganisms and the production of L-amino acids( L-amino acid-producing micro-organisms and """"""""""""""""""""""""""""""""""" tkY
　　The Dutch court has ruled that the member companies concerned have violated EP'710 and EP 0.733.712, which is final The Court also ruled that the group member company concerned had violated EP 0.796.912 and that the appeal proceedings against the judgement had not yet been concluded The first day of the introduction of the proceedings for the alleged violation of EP 1.664.318 by the Group member company was 30 October 2013 tkY October 28, Dentons Biochemical Technology Group Co., Ltd announced new progress related to patent infringement in the Netherlands a new writ issued by the of the company in respect of EP'710 tkY 23 October 2013, the group member company concerned was informed by the Company's Dutch legal counsel that a writ had been served on the Group member company at the request of the plaintiff, in connection with a preliminary relief procedure for a new ep's violation of '710) in front of the Court of the Hague According to the writ, the plaintiff alleges that the research institution commissioned by the plaintiff found that a sample taken in the Netherlands in February 2013 (subsequently analysed by the research institution) violated EP'710 tkY
　　Under the writ, the plaintiff seeks the court to determine that the group member company concerned has infringed and to issue an order to the group member company concerned, including: tkY (i) increase the fine of EP'710 and EP 0.733.712 in the pre-judgment to EUR 10,000 per kilogram or daily (or less); tkY (ii) prohibits the group member companies from supplying, trading and importing any L-lysine products in the Netherlands unless they may provide test reports issued by research institutions and an independent accountant's statement that there is no infringement on EP '710 of L-Lysine products produced by the Group member companies; tkY (iii) prohibits the Group member company from infringing this patent within one year of the expiration of EP '710; tkY (iv) provides the plaintiff's legal counsel with the number of infringing L-Lysine products drafted by an independent accountant, The realized turnover and net profit overview, as well as the list of third parties involved in the Netherlands, is subject to review by an independent accountant directed by the plaintiff; tkY (v) requires all buyers of the Group member company concerned to return the infringing L-Lysine products, tkY (vi) post statements on the Company's website, issue press releases and advertise in industry publications; tkY (vii) provides an overview of the income, capital position and recoverable goods (assets) of the Group member companies in Europe, accompanied by a report from an independent accountant; tkY (viii) to order the Group member companies concerned not to cede all recoverable goods in Europe to, set a property rights burden or otherwise misappropriate ; tkY
　　(x) Pay a fine of 100,000 euros per day for non-compliance with any of the above orders, and pay the costs of legal proceedings in accordance with the relevant legal proceedings in (xi) tkY
　　The hearing date for the above proceedings has been scheduled for 13 January 2014 The Group is seeking legal advice on these legal proceedings Based on the facts and circumstances known to the Board of Directors and subject to further legal advice and a detailed assessment of the business and financial impact, the Board believes that this legal process will not have any significant impact on the overall financial or operational position of the Group, given that the L-Lysine products sold by the Group to the Netherlands for the year ended 31 December 2012 amount to approximately US$11,602,000, or approximately 1 per cent of the Group's turnover in that year tkY on the progress of the infringement case: tkY Company's announcements dated 22 August 2007, April 12, 2011, May 20, 2013 and August 9, 2013 disclosed that the Company and several of its wholly owned subsidiaries were involved in a number of Anojijijimoto Co Inc and Ajinomoto Eurolysine S.A.S ("plaintiffs") filed in the Netherlands against the group's member companies In such proceedings, the plaintiff alleges that the group member company concerned infringed four registered patents by submitting a proposal in the Netherlands to sell, import or buy l-lysine products from the group member company concerned For Patent Holland ep 0.773.710 (entitled "Process for Production of L-Lysine by Fermentation") ("EP'710"), EP 0.733.712 (titled "Production MaterialS Procedures"), EP.796.912 (titled "New lysine deglutinase gene and procedure for the production of L-Lysine" (Novel Lysine Decarillase Gene and Process for Production L-Lysine) and EP 1.664.318 (titled "The Method for producing L-amino acid microorganisms and the production of L-amino acids( L-amino acid-producing micro-organisms and """"""""""""""""""""""""""""""""""" tkY
　　The Dutch court has ruled that the member companies concerned have violated EP'710 and EP 0.733.712, which is final The Court also ruled that the group member company concerned had violated EP 0.796.912 and that the appeal proceedings against the judgement had not yet been concluded The first day of the introduction of the proceedings for the alleged violation of EP 1.664.318 by the Group member company was 30 October 2013 tkY