SNF says a press release from BASF last month was misleading and deceptive.
The information falsely stated that BASF had valid, current and enforceable patents for its Rheomax ETD products and processes.
The BASF press release, which Australian Mining reported on, claimed the High Court had upheld findings that SNF infringed BASF’s Rheomax ETD patents and that those patents are valid.
This concluded the court case which had been running since 2008.
After SNF issued Federal Court proceedings against the BASF over the misinformation, the latter agreed to a temporary injunction on 23 April 2013, then settled the trial on 1 May.
In the settlement order, BASF agreed to clarify that the innovation patents which were the subject of the earlier proceedings by BASF against SNF had in fact expired on 7 January 2012, and are no longer enforceable for conduct.
Additionally, BASF has no other current registered patent for its Rheomax Enhanced Tailings Disposal Method in Australia.
BASF has pending but unregistered patent applications for the ETD method, but these are being contested by parties including SNF.
The Rheomax ETD Technology is part of BASF’s solutions for Tailings Management.
ETD (Enhanced Tailings Disposal) is a method of tailings management in which novel technology is used to change and control the structural and drainage properties of mineral processing residues.