CYPRESS, CALIF. — In June 2002, Ultimax Cement Manufacturing Company sued CTS Cement Manufacturing Corporation in the United States Federal District Court for patent infringement and theft of trade secrets. In January 2009, after six years of litigation, the Federal District Court found that all of the Ultimax patent claims in the case were invalid and there were no trade secrets.

Ultimax then filed an appeal on the District Court’s unfavorable rulings in the Federal Court of Appeals, Washington DC.
On Dec. 3, 2009, the Federal Court of Appeals ruled that the trial court had erred in its findings on four of the 41 patent claims in the Kunbargi patents and sent the four claims back to the District trial court for further adjudication. The appellate court disallowed all of Ultimax’s trade secret claims as Ultimax could not prove the existence of a trade secret.
The Federal Court of Appeals also ruled that CTS could proceed in the District Court with its claim of an exceptional patent case and payment by Ultimax to CTS of CTS's attorneys fees in the amount of over $6 million.

Ed Rice, Chairman of CTS Cement Manufacturing Corporation, said, “we are confident that the patent claims that remain in the case will be held to be not infringed and invalid on grounds not involved in the appeal."

For more information about CTS Cement and Rapid Set, please visit www.ctscement.com.