Severstal announced Monday that the US Court of Appeals for the Federal Circuit denied ArcelorMittal's request for a rehearing in the matter relating to its aluminum coated steel sheet for hot stamping. The Court of Appeals let stand the jury's decision that ArcelorMittal's claims are invalid. West Chester, Ohio-based AK Steel also noted that the United States Court of Appeals for the Federal Circuit denied, on March 20, 2013, ArcelorMittal's petition for re-hearing in its patent infringement lawsuit involving aluminized boron steel.
AK said that the court's decision confirms that AK Steel does not infringe the patent and can sell its ULTRALUME® aluminized boron steel product. AK Steel's ULTRALUME® product is utilized for hot-stamped, press-hardened applications where the ultimate tensile strength is less than 1,500 MPa.
A former ruling by the Court of Appeals does grant ArcelorMittal a limited opportunity to present additional evidence in an attempt to overcome the jury's determination that the claims are invalid. Severstal said that it believes that it is unlikely that any additional evidence will result in a finding that the patent is not invalid.
"We are pleased with the US Court's decision to uphold our right to continue producing and selling cold rolled aluminum boron steel for hot stamping, while this patent infringement appeal process continues," said Martin Szymanski, Vice President, General Counsel, Severstal North America.
Severstal North America's aluminum coated boron hardenable steel is used to produce complex hot stamped automotive parts that contribute to current OEM lightweighting initiatives. The product, in various coated and uncoated forms, continues to be specified by automotive manufacturers to achieve lighter weight and higher strength structural parts for current and future applications.
For reference, in 2010, ArcelorMittal brought a lawsuit against Severstal and others claiming patent infringement on aluminum coated steel. In January 2011, the court held that the patent was invalid and that all defendants were not infringing; ArcelorMittal appealed.