The decision also applies to the importation of Kumho tires into the U.S., as they are made with KKPC chemicals.
Since January 2005, KKPC had been under investigation for possible violation of Section 337 of the Tariff Act of 1930 at the request of international chemical supplier Flexsys America, which claimed that KKPC infringed on Flexsys’ U.S. process patents related to KKPC’s production of tire antidegradant chemicals.
In his decision, Luckern ruled that KKPC did not directly or indirectly infringe the patents asserted against it by Flexsys.