LetterTo The Editor

By Staff -- Home Textiles Today, 12/15/2008 12:00:00 AM

Patent Confusion

During the past several weeks HTT has published articles related to Veken Group Holding Co. Ltd's claims of patent infringement by manufacturers in China of "Coral Fleece" products. We feel your articles have been misleading because they set forth only part of the story.

Veken is currently involved in pending patent lawsuits in China over the patent referenced in your articles. In addition, the legitimacy of the patent has been challenged in China, and there is currently an appeal before the State Intellectual Property Office Rehearing Committee of the People's Republic of China.

Many factors must be considered prior to determining whether an infringement has occurred, even if the patent is upheld as valid. In addition to yarn size, the finishing process and the technology used in production must be considered. For example, microfleece and microsherpa fabrics also use the 150D/288F yarn size, but the production process is different and they are not covered by the patent Veken claims and which is the subject of the aforementioned litigation.

To avoid disputes over intellectual property, many manufacturers have developed new fabrics using different yarn sizes, technology and production processes which cannot and have not been argued to be covered by the patent Veken claims. These manufacturers provide products that may have a similar use and feel to "Coral Fleece," but they are wholly independent of the "Coral Fleece" patent and products.

We oppose unfair competition and infringement on the lawful rights of the owners of intellectual property. But at the same time, we oppose with equal vigor attempts to extinguish legitimate competition in an effort to increase market share.

— Michael Xu, vice president, marketing, Sun-Yin U.S.A.