IPEC Responds to Portola's Claims of ``Vindication'' in Patent Suit

Business Wire, March 29, 1999

NEW CASTLE, Pa.--(BUSINESS WIRE)--March 29, 1999--In 1995, IPEC filed a suit in the United States District Court for the Western District of Pennsylvania against Portola Packaging Inc.

In the suit, IPEC is seeking a declaration that United States Patent No. 5,104,008 (the '008 Patent) is invalid and not infringed. IPEC has also made a claim for antitrust violations against Portola for misuse of the '008 Patent in tampering with IPEC's customer and supplier base since IPEC's inception.

On Sept. 11, 1998, the United States District Court invalidated Portola's '008 Patent, opening the door for IPEC to proceed with its antitrust suit. However, after the Court's ruling, Portola received a change in the '008 Patent from the United States Patent Office. Based on this change, Portola convinced the Court to vacate its original decision.

According to IPEC, Portola's recent claims of "vindication" are misplaced, as the Court's most recent decision does nothing but leave Portola in the same position as when the lawsuit began; namely, with the task of proving an infringement of the '008 Patent by IPEC. Furthermore, IPEC believes that the misconduct committed by Portola in pursuing the Court's latest decision is so serious that IPEC is seeking an immediate appeal of that ruling.