Circuit Says Dow Lacked Cause in Patent Action

(CN) - Dow Chemical did not have enough evidence in a patent infringement suit against a company that sells fogging systems, the 11th Circuit held.

Mee Industries sued Dow Chemical in 2005 for malicious prosecution based on a patent infringement suit Dow filed 10 years ago. Mee makes and sells fogging systems that Dow uses to control temperature levels in its gas turbines. It claimed Dow had no evidence of patent infringement.

In support of its claim, Mee produced documents showing offers to purchase the company around the time that Dow filed its infringement action.

"In particular, Mee produced a signed letter of intent from Munters Corporation to buy the shareholders' stock in the business for $38 million," Judge R. Lanier Anderson wrote.

The district court ruled that Mee could not pursue damages from Dow, but agreed that the company had no probable cause in the patent infringement action.

The circuit court affirmed the district court's decision, finding that Dow did not rely on good faith from counsel when filing the initial suit.

The circuit also found that Mee was not entitled to punitive damages.

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