Coatings Word November 2015

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COATINGSWORLD (ISSN 152-711-29) is published monthly by Rodman Media Corp., 70 Hilltop Road, Ramsey, NJ 07446 USA. Phone: (201) 825-2552; Fax (201) 825-0553.Periodical postage paid at Ramsey, NJ 07446 USA and additional mailing offices. Publications Mail Agreement No: 40028970. Return Undeliverable Canadian Addresses toCirculation Dept. PO Box 1051, Fort Erie, On L2A 6C7, [email protected]: Send address changes to: Coatings World, 70 Hilltop Rd. Ramsey,NJ 07446. Free subscriptions to Coatings World are available to qualified individuals. Others are as follows: U.S. one year $75; two years $120. Outside U.S. and overseas:

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4 | Coatings World www.coatingsworld.com November 2015

Table of Contents November 2015 Vol. 20, No. 11

ADVERTISING SECTIONSClassified Ads.......................................................49 Advertising Index................................................. 49

COLUMNSBusiness Corner ................................................... 16

Q&A with ColorBond and Reactive Surfaces

International Coatings Scene ............................... 18Latin Report - Brazils Embraer Raises Aviation Coatings Demand

Europe - Revival in Construction Leads to Bright Outlook

for Wood Coatings

Africa - Nigeria, Angola Oil and Gas Coatings Market onGrowth Path

iPaint ....................................................................24Tying and Bundling Nice for your Holiday Giving, Not So

Much When Youre Licensing Your IP

DEPARTMENTSEditors Page .......................................................... 6

As We Go To Press .............................................. 10

Fresh Paint ........................................................... 12

New Products ...................................................... 15

Industry News ...................................................... 43

Suppliers Corner .................................................. 46People.................................................................. 47

Meetings .............................................................. 48

Final Coat ............................................................. 50

28 Exterior Architectural Coatings31 Green Coatings: PPG Coatings Featured on The Tower at PNC Plaza

33 Adhesives and Sealants

36 Media and Milling Equipment Directory38 Waterborne Traffic Markings

Cover photo courtesy of: Dunn-EdwardsPhoto courtesy: PPG
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Hearing OpportunityBefore It KnocksBecause we strive to always continue learning, we build meaningful

relationships with every customer by seeking the most extensive

knowledge and experience. Were more than a simple online search.

Our expertise lies in collaborating with every customer to provide

trusted business solutions.

GUS MUNOZ

Southwest RegionSales Manager
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6/526 | Coatings World www.coatingsworld.com November 2015

EditorsPage

[email protected]

A Rodman Media Publication

70 Hilltop Road Ramsey, NJ 07446 USA

(201) 825-2552 Fax: (201) 825-0553

Web site:www.coatingsworld.com

EDITORKerry Pianoforte [email protected]

VICE PRESIDENT/EDITORIAL DIRECTORTom Branna [email protected]

ASSOCIATE EDITORCatherine Diamond [email protected]

TECHNICAL EDITORDarlene Brezinski

ART DEPARTMENTMichael Del Purgatorio

[email protected] Downing [email protected]

INTERNATIONAL CORRESPONDENTSSean Milmo (Europe)

Charles W. Thurston (Latin America/Americas)

CONTRIBUTING EDITORSPhil Phillips Steve McDaniel

EDITORIAL ADVISORY BOARDJim Berry (Berry Environmental)

Joseph Cristiano (consultant)

Thomas Frauman (consultant)

Joseph Prane (consultant)

Isadore Rubin (consultant)

Richard M. Tepper (PPG Industries)

Shelby F. Thames (University of So. Mississippi)

PRESIDENTRodman J. Zilenziger, Jr.

[email protected]

EXECUTIVE VICE PRESIDENT

Matthew J. [email protected]

GROUP PUBLISHER / ADVERTISING SALESDale Pritchett [email protected]

ADVERTISING SALES (U.S.)Kim Clement Rafferty [email protected]

Donna Campbell [email protected]

ADVERTISING SALES(Europe)

Ria Van den Bogaert, BVBA Vandenbo

Karmelietenstraat 24 C, Box 56, 1000, Brussels, Belgium

Tel.: +32 2 569 8905 Fax: +32 2 569 8906

Mobile: +32 497 05 0754 [email protected]

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PRODUCTION MANAGERPatricia Hilla [email protected]

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CIRCULATION MANAGERRichard DeVoto [email protected]

ONLINE DIRECTORPaul Simansky [email protected]

C W circulation is audited by BPA Worldwide.

This month two of our feature articles focus on the issues of sustain-

ability and green coatings.

Exterior Architectural CoatingsExterior Architectural Coatings Market (p. 28) examines the impact

LEED and the green building movement have had on this market. Over

the last two decades, paint and coatings manufacturers have increased

research and development efforts to develop low- and zero- VOC tech-

nology for paints, stains, caulks and sealants. Delivering premium quality

that rivals their higher VOC counterparts, reduced VOC paint products

offer many benefits for professionals and consumers alike.

All of PPGs products are researched and tested to meet the highestquality standards, said Mary Ellen Shivetts, senior product stewardship

manager, PPG Architectural Coatings, U.S. and Canada. PPG was one

of the first pioneers in the paint industry in developing new performance

standards for zero and low-VOC products.

The use of water based coatings for wood architectural products

and powder coatings for metal architectural products will continue to

grow, predicted Dean Peterson, business development manager, metal

building products, The Sherwin-Williams Company. Liquid coatings are

now offered with higher solids, lower VOCs and sustainable raw mate-

rials. The companys SHER-NAR 5000 Architectural Baking Enamel

holds the sole U.S. spray license for Arkemas Kynar 500 FSF PVDF resin.

This fluorosurfactant-free license means that 100 percent Kynar 500 FSFPVDF resin is used, which allows architects to meet the stringent AAMA

2605-13 specifications and provide long-lasting performance in a variety

of weather conditions.

Green CoatingsOur feature on green coatings, PPG Coatings Featured on The Tower at

PNC Plaza (p. 31)offers a glimpse at the products used on what has been

dubbed, the worlds greenest building. The 33-story skyscraper features an

innovative double-skin faade, one of the first of its kind in North America,

that is designed to help the building naturally ventilate for more than 40

percent of the year. The inner and outer curtain walls incorporate metal

panels finished with PPGs Coraflon fluoropolymer powder coating in GrayMica and Sungate and STARPHIRE glasses laminated or fabricated into

dual insulating glass units.

Exterior andGreen Coatings
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edia.comhttp://coatingsworld.texterity.com/coatingsworld/november_2015/TrackLink.action?pageName=6&exitLink=http%3A%2F%2Fwww.coatingsworld.comhttp://coatingsworld.texterity.com/coatingsworld/november_2015/TrackLink.action?pageName=6&exitLink=mailto%3Akpianoforte%40rodmanmedia.comhttp://coatingsworld.texterity.com/coatingsworld/november_2015/TrackLink.action?pageName=6&exitLink=http%3A%2F%2Fwww.coatingsworld.com


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AsWeGoToPress

Axalta Coating Systems to ConstructCustomer Center to Open in Concord, NC

Axalta Coating Systems announced

during a groundbreaking ceremo-

ny that it will construct its new

Customer Experience Center in Concord,

North Carolina. The 45,000-square-foot

facility will serve Axaltas refinish, light

vehicle OEM and industrial custom-

ers. The facility will provide the latest

customer training resources for refinish

technicians located in the mid-Atlantic

region. The center will also house meet-

ing and conference rooms for customersto participate in coatings-related train-

ing and development programs. The new

facility will be located on the campus

of Hendrick Motorsports just outside

Charlotte. Axalta is a 23-year sponsor of

Hendrick Motorsports racing program.

Axalta chairman and CEO, Charlie

Shaver, owner of Hendrick Motorsports

and chairman of Hendrick Automotive

Group, Rick Hendrick, Four-Time

NASCAR Cup Series Champion, Jeff

Gordon and Axalta vice president andhead of Axaltas North America business,

Nigel Budden participated in a ground-

breaking ceremony to kick-off construc-

tion. Our goal is to provide a service

to our customers to help them realize

improved shop productivity, efficiency

and quality, said Shaver. We offer a

hands-on, process-oriented approach.

Our instructors, designers, and staff

are committed to continuing the educa-

tion and the development of our partner

organizations.Weve enjoyed an unbelievable part-

nership with Axalta over many years,

and this represents another unique step,

Hendrick said. The opportunities for us

to collaborate, both in racing and in our

dealership business, are incredible. Our

two organizations are committed to each

others continued success, and we look

forward to many more years of working

together in innovative ways.

Axaltas Customer Experience Center

is scheduled to open late 2016. The centeris expected to draw hundreds of customers

each year for end of line repair and real-

world training. It will be equipped with

the technology to conduct interactive dis-

tance learning while a customer is at his/

her own plant or bodyshop. The facility

will also house a complement of busi-

ness conferencing resources as well as an

Axalta exhibit space.

AkzoNobel SuppliesCoatings for Van Gogh

Museums New Entrance HallVisitors to Amsterdams world famousVan Gogh Museum can now enjoy step-

ping through the venues new entrance

hall, which features products and exper-

tise supplied by AkzoNobel.

Completely transparent thanks to the

use of advanced glass building techniques,

the spectacular new addition features the

companys coatings on the walls, steel

structure and lamp fixtures.

The new entrance has created an ex-

tra 800 square meters of floor space,

which means the museum is now better

equipped to welcome the growing num-

ber of visitors and conference guests.

We are delighted to have worked

with AkzoNobel on our new entrance

hall, said Axel Rger, director of the Van

Gogh Museum. As well as providing the

necessary expertise, the company has a

strong focus on preserving culture and

safeguarding heritage, a commitment we

both share.

Added AkzoNobel CEO Ton Bchner:We attach great value to our partnership

with the Van Gogh Museum. Working on

the new entrance hall not only enabled us

to showcase our expertise in a magnifi-

cent setting, but also allowed us to make

an important additional contribution to

Van Goghs enduring legacy.

AkzoNobel has been a partner of the

Van Gogh Museums restoration studio

since 2013. Through this collaboration,

the company is contributing to the pres-

ervation of its cultural heritage. CW

Index to CompaniesThis index gives the starting page for a department or feature with a sig-

nificant reference to a manufacturer of paint, coatings, adhesives and sealants

Subsidiaries are indexed under their own names.

AkzoNobel ......................................................................................................10

Axalta Coating Systems............................................................................. 10, 12

ColorBond ......................................................................................................16

Dunn-Edwards ................................................................................................ 28

DuPont...................................................................................................8, 10,25

H.B. Fuller ......................................................................................................33

Henkel ............................................................................................................ 33

IVM Group .....................................................................................................20

Sherwin-Williams .................................................................................16, 18,28

Flowcrete Americas ......................................................................................... 16

PPG ..........................................................................................12, 16, 28,31,50

Valspar ............................................................................................................ 28

Rust-Oleum .....................................................................................................12

Sika ................................................................................................................. 33

Tremco ............................................................................................................ 33
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Fresh

Paint

AkzoNobels influential annual

global study of color trends has

been launched, with a shade of

gold being unveiled as Color of the Year

for 2016.

An appropriate color for an Olympic

year, it was chosen by a specially invited

panel of independent design and color

experts to spearhead the companys

ColorFutures 2016 color trend guide.

Recently launched at Somerset House

in London, Color Futures underlinesAkzoNobels wealth of color know-how

and is used by leading experts in archi-

tecture, fashion, beauty and interior deco-

rating to help keep their work fresh and

contemporary.

Color is an integral part of our busi-

ness and sharing our knowledge with

people around the world means everyone

can be inspired and benefit from its trans-

formative impact, said Ruud Joosten,

AkzoNobels Executive Committee

Member responsible for Decorative

Paints. Studying global color and design

trends also allows us to stay at the cut-

ting-edge of what consumers want.

Now in its 13th year, ColorFutures

2016 focuses on one overall theme

Looking Both Ways with gold being

identified as the color that best connectsall the keys trends for next year.

Gold exemplifies the overall theme

of duality, explained Heleen van Gent,

Head of AkzoNobels Global Aesthetic

Center. Its bright enough to attract at-

tention, while subtly referring to history

and heritage. So it represents a fusion of

our past, our present and our future.

The study was developed by the com-

panys Global Aesthetic Center in con-

junction with leading design and color

experts from around the world, who con-

ducted detailed research into global social

and design trends.The study drew from a

multitude of influences, from fine art to

technology, design to nature, architecture

to fashion, and music to popular culture.

PPG to Acquire RemainingInterest in Chemfil CanadaJoint VenturePPG Industries has reached a definitive

agreement to acquire the remaining in-

terest in Chemfil Canada Limited, a joint

venture of PPG and Madinal Enterprises.

The transaction is expected to close in

AkzoNobel Goes for Goldas Color of the Year 2016

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Fresh

Paint

the third quarter, subject to customary

closing conditions. Financial terms were

not disclosed.

Chemfil Canada produces pretreat-

ment products, as well as some general

industrial chemicals, for automotive orig-inal equipment manufacturers (OEMs)

and industrial customers in Canada.

The acquisition will enhance PPGs

pretreatment presence and capabilities in

Canada, and after closing the acquired

products and services will be offered un-

der the PPG name. Also at the conclusion

of the transaction, an affiliate of Madinal

Enterprises will own the Windsor produc-

tion facility and certain non-pretreatment

business and product lines that will con-

tinue to use the Chemfil name.Acquiring the pretreatment business

of Chemfil Canada will enable PPG to

further strengthen its pretreatment of-

fering and services in this area for global

automotive OEM and industrial custom-

ers, said Cindy Niekamp, PPG senior

vice president, automotive coatings.

PPG looks forward to enhancing supply

capabilities for Chemfil customers and

providing them with access to PPGs full

portfolio of coatings products.

Honda Approves PPG forFlagship NSXEven before Hondas all new flagship

sports car, the NSX, reaches its first cus-

tomers in early 2016, PPG has already

received global repair approval from

Honda Japan for the stunning supercar.

Back in 1990, the original NSX was a

technological masterpiece and the second

generation is set to follow suit. Along

with advanced new light weight, multi-

material construction, the new NSX fea-

tures a hyper-sophisticated power unitincluding a twin turbo V6 engine, three

electric motors and a nine speed dual

clutch transmission which directs the to-

tal system power of more than 410kW to

the road via all four wheels.

Exterior styling is another spectacu-

lar highpoint. Every element of the low,

wide and sleek aerodynamic

body is designed to reinforce the

cars state-of-the-art credentials.

Attention to detail can be found

everywhere, including a truly dynamic

colour selection. Customers will be of-fered multiple three-stage colour options,

including PPGs cutting-edge ANDARO

tint dispersion technology. This inno-

vative, PPG developed technology pro-

vides the ability to achieve deep, pure

and more chromatic colours than is pos-

sible with traditional pigments. And the

close relationship with Honda goes even

further. Indeed, PPG coatings technol-

ogy will actually be applied at Hondas

new Performance Manufacturing Centre

in Marysville, Ohio, where the secondgeneration supercar will be produced. A

team of PPG staff from Japan and the

U.S. has been supporting Honda during

the development phase and the step into

production that will see the revolutionary

vehicle make its transition from concept

to the road.

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Fresh

Paint

Rust-Oleum Restore10X AdvancedDeck ResurfacerReceives the Good

Housekeeping Seal

Rust-Oleum has announced that Restore10X Advanced has earned the Good

Housekeeping Seal. The next genera-

tion deck resurfacer was evaluated by

the experts at the Good Housekeeping

Institute. Its engineers tested the Rust-

Oleum Restore 10X Advanced on wood,

composite, and concrete samples, and

validated that it could stand up to rain

and sun exposure. The Engineering Lab

also evaluated Rust-Oleums own data to

ensure the effects of the product would be

long-lasting.Todays consumers are faced with

a market full of products that make

a large number of claims, said John

Clarkson, brand director for Rust-

Oleum. We are honored that Restore

10X Advanced, our long-lasting re-

pair coating made for severely worn

decks and concrete patios, is backed

by the Good Housekeeping Seal. The

Good Housekeeping Seal will provide

consumers with a trusted, third party

review of the products claims and

performance.

Axalta Coating SystemsWins Contract forRestoration of PanamaCanalAxalta Coating Systems has won a four-

year contract to supply industrial coat-

ings and architectural building paint

which will be used to restore and sustain

different buildings and the locks of the

Panama Canal.

The Panama Canal is one of themost important engineering works in

history, an iconic engineering achieve-

ment, explained Alfredo Villalobos,

Latin America Industrial Coatings

Director. The canal will now be re-

stored with some of the most advanced

industrial coating products in the world,

applications that will extend the produc-

tive lifespan of the Canal Zone as a key

asset in international trade.

Several different Axalta coating prod-

ucts, each formulated to meet the needs

of different materials, will be used to re-invigorate the largest canal in the world

and meet the needs of the many differ-

ent structures in the Canal Zone that

will be repainted during the restoration

project. Axaltas Renzel and Galvox ar-

chitectural paints will be used to bring

life to interior and exterior building walls

and trim. Floors will be protected with

Axaltas Corlar and Imron Industrial

coating products. Interior and exterior

galvanized and other metal surfaces, in-

cluding the actual canal locks themselves,will be coated with Ganicin, Speedtec and

Galvox, which are especially designed to

reduce application time by their ability to

be directly applied to metal and for use

on long-lasting, heavy-duty substrates,

such as marine surfaces constantly ex-

posed to water. CW

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New

Products

Sherwin-Williams Protective &

Marine Coatings now offers a prod-

ucts for industrial businesses looking

to enhance worker safety and minimize

corrosion under insulation (CUI) risks.

Heat-Flex 3500 is a multipurpose

insulative acrylic coating for industrial

systems thats designed for both person-

nel protection and mitigating CUI. The

coating enables dangerously hot systems

like piping and ductwork to stay cool to

the touch, preventing burns and protect-ing the safety of personnel. It can be ap-

plied directly to ambient or hot surfaces

up to 350 F (177 C), offering plants the

flexibility to reduce downtime by keeping

systems online during coating and recoat-

ing applications. In addition, Heat-Flex

3500 also insulates hot and cold surfaces,

helping industrial processes retain heat

and preventing condensation on cold

surfaces by maintaining surface tempera-

tures above the dew point.

The insulative and anti-corrosiveproperties of Heat-Flex 3500 enable

plant owners to eliminate concerns relat-

ed to CUI. The protective coating system

prevents corrosion-causing condensation

on the exterior of piping, ductwork, and

other surfaces wrapped in conventional

insulation and cladding. It performs so

well at mitigating corrosion that struc-

tures coated with Heat-Flex 3500 can be

removed from CUI inspection protocols.

Available in white and slate gray, Heat-

Flex 3500 is ideal for coating everythingfrom pipes, valves, tanks, vessels, heaters,

and boilers to compressors, pumps, con-

tainers, stacks, and ductwork that oper-

ate in temperature ranges between -80 F

and +350 F.

Heat-Flex 3500 goes on fast and easy

to save application time and costs. Its

single-component, waterborne acrylic

formulation can be applied with standard

airless equipment. Its very fast dry time

allows for recoating within two hours.

In addition, Heat-Flex 3500 minimizesoverspray risks with droplets drying to a

non-adhering dust within a 20-foot fall.

Heat-Flex 3500 is suited for a wide

range of environments, including oil and

gas refineries, chemical, power, water,

wastewater, and food and beverage plants.

Flowcrete AmericasIntroduces New Anti-Corrosion Coatings, LiningsFlowcrete Americas has announced the

launch of a new range of anti-corrosive

vinyl ester coating and lining materialsdesigned to protect concrete and steel

structures from the damaging effects of

severe chemical and mechanical attack.

Flowchem is a new range of seam-

less, elastomer modified vinyl ester resin

systems designed for tough industrial en-

vironments including those found in the

power, oil and gas, mining and petrochem-

ical sectors, where they act as a barrier

to inhibit the contact between chemical

compounds or corrosive materials.

Vinyl ester resin a hybrid of polyes-ter resin strengthened by the addition of

epoxy resin - offers superior protection

against highly concentrated and aggres-

sive acids, alkalis and solvents including

sulfuric, nitric and hydrochloric acid as

well as ethanol, butane and methanol.

Flowchem systems provide tempera-

ture resistance of up to 350F, excellent

bond strength and abrasion resistance as

well as reduced shrinkage, durability and

excellent bond strength.

Systems available in the range includeFlowchem VE RC, a horizontal and ver-

tical roller applied vinyl ester coating

installed at 40 mils, Flowchem VE BC a

more robust version installed at 60, 75

or 125 mils with graded aggregates sand-

wiched in between two layers of vinyl

ester resin to provide enhanced traction,

strength and impact resistance.

Also available for hardier environ-

ments where improved dimensional sta-

bility is needed including areas subject to

explosion risk or Liquid Nitrogen han-dling, is Flowchem VE GL, a glass fiber

reinforced horizontal and vertical applied

system installed at 125 mils.

PPG LaunchesNUTRISHIELDFood-Can CoatingsPPG Industries packaging coatings busi-

ness has launched NUTRISHIELD new-

generation coatings for the food-can

industry and Nutrishield SOLISTA inter-

nal protective spray coatings for drawn

and wall-ironed food cans. Nutrishieldbrand products are PPGs new generation

of food-can coatings, designed to fulfil

can-makers and brand-owners needs

regarding enhanced food-contact regula-

tory requirements.

The Nutrishield Solista technology

Bisphenol A non-intent (BPA-NI, or with

no BPA intentionally added) spray coat-

ings for drawn and wall-ironed food cans

is the first BPA-NI high-performance so-

lution for the food-can industry approved

to pack ready meals, soups and infantfoods such as milk. The coatings comply

with North American and European reg-

ulations and are food-contact compliant,

certified by independent institutes.

Suitable for low- to high-pH and fatty

foods, Nutrishield Solista spray coatings

also have enhanced flavor-neutral proper-

ties to help easily affected products pass

extensive flavor tests.

More than 3 billion food cans will

have been coated with Nutrishield Solista

spray coatings by the end of 2015. Thecoatings are now available commercially

in the U.S. and were launched in Europe

over the last year, and they are ready for

global reach and supply with production

capacity in all regions.

PPG produces Nutrishield Solista

coatings in vessels dedicated to the manu-

facture of BPA-NI spray. In addition, PPG

offers a complete new-generation system

for drawn and wall-ironed food cans,

with BPA-NI PPG Washcoat (PPG5200

series), fully compatible with NutrishieldSolista internal spray coatings. CW

Sherwin-Williams OffersThermal Insulative Coating



Business Corner Strategies & Analysis

by Phil Phillips, PhD

Contributing Editor

[email protected]

In the world of coatings and paints,

there are many nooks and crannies

where really neat things are going on,

but we dont routinely hear much about

them. Heres a couple of companies serv-

ing niche needs and doing quite well.

ColorBond and Reactive Surfaces (RSL).ColorBond is a revolutionary molec-

ular bonding paint that penetrates deep

into plastic, vinyl and leather. It provides

easy restoration and can change the color

of leather, carpet, plastics or metal in au-

tomobiles, trucks, cars, boats, or motor-

cycles with fantastic results. -Malcom

Johnson, President & Founder

CW:When did you form ColorBond &

why did you feel you could have a viable

product in these markets?

ColorBond: ColorBond was establishedin 1996 because I felt that the available

coatings for refinishing automotive leath-

er and plastics were inferior and could be

dramatically improved. At that time, the

idea of a premium coating for leather and

plastic was not being addressed, and we

felt that there was a great market oppor-

tunity for our company.

We were fortunate to be approached

by Visteon, at that time owned by the

Ford Motor Company, to partner with

them in developing the technology. Weworked with Ford Research Labs and

Visteon for seven years and this collabo-

ration culminated in ColorBond earning

two Ford World Wide OEM perfor-

mance specifiations.

CW: According to Michael Porter

(Harvard Professor of), a NICHE position

in a specific well-defined market segment

has the highest profits in that segment as

well as a UNIQUE offering. UNIQUE is

defined as having something no one elsepossesses. Would you say your offerings

are unique by this definition? Why?

ColorBond: ColorBond is unique because

it is a one stage coating that can be used

on any substrate that is manufactured

for the automotive industry including,

leather, vinyl, ABS, PC, TPU and TPO

and metal. It doesnt crack flake or peel,

is colorfast , dries within one minute and

is bonded in ten minutes. Colorbonds

versatility allows the user to stop in the

middle of a job and resume the project at

a later date. There will be no evidence ofa tape line, only a seamless OEM finish.

It creates an OEM appearance.

ColorBond can be used on carpet, soft

interior trim, rigid interior trim, exterior

trim and convertible tops. We currently

manufacture and inventory 172 contem-

porary OEM specific aerosol colors.

CW:Can you provide some insight into why

or how your Colorbond technology works

with so many different type substrates?

Colorbond: The key is our unique resin.It is ideally suited for use on all of these

substrates.

CW: Your literature shows ColorBond

spray-on products applied over rigid,

supple, and even very soft pliable surfac-

es. Tell me - what is the longevity of your

coating system over a leather automobile

seat where flexibility, abrasion and over-

all toughness prevail?

Colorbond: ColorBonds longevity de-

pendent upon the preparation of thesurface and the skill of the individual ap-

plying it. When the easy to use directions

are followed accurately, ColorBond will

maintain its flexibilty and abrasion resis-

tance for a minimum of four years.

Both Ford performance specifications

require that ColorBond perform for the du-

ration of a typical four year warranty. This

includes UV stability, flex, and abrasion.

CW:Are the coating formulas you mar-

ket exclusive to your use or do you alsoallow other coating companies to market

your unique products?

ColorBond:The formulas are proprietary

however we do manufacture private label

colors for many customers

CW: How do you go-to-market current-

ly? Direct, Stocking Distributors, etc.?

Colorbond: We are nimble and have

the capabilities to distribute to a wide

spectrum of customers. The list includes

stocking distributors, mobile technicans,

retailers, catalogue houses, aftermarketparts distributors, private labels and more.

We are very pleased with the perfor-

mance of our web site www.colorbond-

paint.com Two years ago we invested

heavily in the redesign of our web site. The

platform fully engages in social media and

SEO. We speak directly to the consumer

on a daily basis. This allows us to never

lose the connection with the most impor-

tant person, The Customer.

CW: Are your target end-use mar-kets growing and equally important, is

Colorbond keeping pace?

ColorBond: Our target end use markets

expand every year and we continue to

grow every year. New markets continue

to develop that we had never imagined

such as painting 3-D substrates.

CW: As an private individual, how can

I order these coatings from Colorbond?

Direct? Distributor?

ColorBond: An individual can order online atwww.colorbondpaint.com or con-

tact us at 877 882 6567.

CW: Can you tell us about the Cleo

Award that you established in 2014 ?

ColorBond: The Cleo Award was estab-

lished to honor a legend in the automo-

tive world, Mr Leo Kagan. Leo is 99 years

old and was responsible for moving the

SEMA show from Anaheim to its pres-

ent location in Las Vegas. He has been a

member of SEMA for 50 years.A $ 500 cash prize, and crystal vase

Q&A with ColorBond and Reactive Surfaces
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Business CornerStrategies & Analysis

are awarded to an individual who restores

the interior of any make of vehicle using

ColorBond products. Last years winner

restored a 1967 Cadillac Deville and this

years winner restored a 1954 Rolls Royce

Silver Wraith. The Rolls will be on displayin our booth at SEMA this year.

Austin, Texas based Reactive Surfaces

is a bioengineering company that devel-

ops enzyme-based additives for paint

to detoxify neurotoxins, including nerve

agents and pesticides.

CW: When did you form Reactive

Surfaces & why did you feel you could

have a viable product in these markets?

Reactive Surfaces:We started Reactive

Surfaces with the concept that it might bepossible to extract valuable functionality

from nature and entrain it into coatings

in a long-term stable manner.

The attack on the World Trade center

brought our self-decontaminating coatings

into the spotlight in 2001. We started the

company in earnest in 2002. By 2008,

we had developed the technology well

enough to be awarded the 2008 American

Coatings Award for innovative technology.

After over ten years, we can say that its

not only possible to place biological mol-ecules into resin systems but that it can be

accomplished for a wide array of natural

functions from enzymes generating self-

degreasing surfaces capable of removing hu-

man fingerprints from touch screen devices

and countertops, to non-toxic peptides that

create anti-microbial surfaces for medical

devices and kitchen appliances. The formu-

lator can now dependably dial in natural

functionality to its existing coating products.

CW: According to Michael Porter, aNICHE position in a specific well-defined

market segment has the highest profits

in that segment as well as a UNIQUE

offering. UNIQUE is defined as having

something no one else possesses. Would

you say your offerings are unique by this

definition? Why?

RSL: We believe RSL is the first and

only company commercializing bio-based

molecules as functional additives for coat-

ings. But, the competition is not far behind

since the industry is realizing just howvaluable such functionality can be, and

how biological molecules such as enzymes,

peptides, antibodies, and the like exist in

Nature ready-made for such work. We are

the only group that presently offers these

bio-based additives, as well as functional-

ized coatings containing them. With thelaunch of our e-RACE line of anti-finger-

printing touch screen protectors, we can

also say we are unique in offering a finished

consumer product coated with a functional

coating entraining a bio-based molecule

(the naturally-occurring enzyme, lipase).

CW: Can you provide some insight into why

or how your bio-based additive technology

works with so many different types of resin

systems and on a variety of substrates?

RSL:The trick seems to be that in theirnatural condition, many of these mol-

ecules are actually entrained into bio-

logical surfaces. Take for instance our

anti-microbial peptide products like

ProteCoat. Almost all higher organ-

isms use anti-microbial peptides as a part

of their natural defense systems against

surface contamination. These peptides

are present on the surfaces of the organ-

isms most at-risk of infection. Enzymes

like to packaged and constrained from

unfolding, so the cross-linked cages cre-ated by polymerization of a wide number

of resin systems do a nice job of that.

CW:Most people in the industry regard

biological molecules as too unstable and

short-lived to be useful as additives in

coatings. What is the longevity of your

additives in a coating and how rugged are

they to weathering?

RSL: I understand the sentiment, and I

initially felt the same way. But, now with

tons of testing and years of experience, wenow have a rule of thumb around here if

the coating lasts, the functionality will last.

For example, we have entrained enzymatic

degreasing functionality (DeGreez) in

coatings, coated panels with them, and then

subjected those coatings to MEK double-

rubs down to the bare metal. Not only did

the enzymatic activity remain all the way

until the coating is finally scrubbed off, it

actually increased as more of the surface

was exposed to the grease challenges it

was designed to combat. Additionally, weentrained enzymes capable of detoxifying

nerve gases (OPDtox) into military

coatings and placed panels coated atop

black rotor blades of military helicopters.

These coupons were left in the desert sun

for months, and they demonstrated virtu-

ally the same enzymatic activity they hadthe day they were made. This is also true

our peptide biocides (ProteCoat), being

subjected to long-term (4+ years) outdoor

weathering at USM. The panels coated

with the peptide-containing outdoor

white paints remain virtually microbe-free

throughout the testing period as opposed to

heavy contamination of control coatings.

CW: Are the bio-based additives, coat-

ings and coated products you market ex-

clusive to your use or do you also allowother coating companies to market your

unique products?

RSL: We have a manufacturing facility in

Hattiesburg, MS where our labs are also

located. We build the additives, formulate

the coatings and manufacture the sheet

materials for touch screens there. Our

marketing capability is somewhat limited.

We are the epitome of the Little Engine

That Could mentality. However, it has al-

ways been the overriding goal to partner

commercialization of the technology wehave developed with others in order to ac-

cess the larger commercial markets.

CW: How do you go-to-market current-

ly? Direct, Stocking Distributors, etc.?

Colorbond: We directly market our bio-

based functional coatings applied to adhe-

sive sheet materials, such as are designed

for anti-fingerprinting touch screen protec-

tors (e-RACE), through mass-marketing

channels (internet, TV, printed catalogs,

etc.). We use fulfillment services for some ofthis. We also spend a considerable amount

of manpower publishing articles in industry

publications. www.reactivesurfaces.com.

Using these approaches, we have been able

to garner the attention of larger corporate

partners who are interested in incorporat-

ing our additives or bio-based coatings con-

taining these into their own product lines,

and we are presently moving toward com-

mercialization with several of them.

CW: We will revisit you and RSL again in

the near future and look forward to muchanticipated progress. CW
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International Coatings Scene Latin America

by Charles W. Thurston

Latin America Correspondent

[email protected]

The strong growth recovery of Brazils

Embraer, one of the top five small jet

makers in the world, should raise de-

mand for aviation paint and coatings, in contrast

to other segments with slow or no growth in

the economically challenged country. Embraer

sales, which are very global in distribution, roseto $402 million during third quarter this year

from $213 million in the comparable period

last year. The Sao Jose dos Campos, Sao Paulo

state company also has a growing pipeline of

orders. This year, Embraer predicts $1.85 bil-

lion worth of global sales of 90 light jets and

40 medium jets, representing 28 percent of the

companys total revenue. Embraer has sold a

cumulative 850 small jets in the world, 200 of

which are within Latin America.

Within Brazil, the national small jet fleet

grew by 3.6 percent last year, Embraer calcu-lates. Company expectations are that over the

current decade, Brazil will add 560 small busi-

ness jets valued at $9.4 billion.

Embraer Executive Jets, which has a manu-

facturing plant in Melbourne, Florida, recently

celebrated the sale of its 300th Phenom 300.

The light jet has been the most-delivered busi-

ness jet in the world for the past two years, the

company claims.

Further bolstering aviation expansion in

Brazil, the Air Force in April agreed to buy 36

Gripen NG aircraft for $4.6 billion including aturnkey weapon system with comprehensive lo-

gistic support that includes training, spare parts,

support, planning and maintenance, a state-

ment indicates. In addition, Brazil will partner

with Saab in Sweden for the development and

production or eight two-seater aircraft, that will

be delivered between 2019 and 2024.

In mid-2015, Embraer employees will be

trained in Sweden on maintenance and develop-

ment of the Gripen NG. This training technol-

ogy will then be transferred to Brazil through

the development of an Engineering Center tobe built at Embraers plant in Gavio Peixoto,

state of So Paulo, including Saab support of

the Gripen aircraft for the Air Force.Apart from Embraer activity in aviation,

AgustaWestland do Brasil is planning to build a

new plant at Itapevi, state of Sao Paulo, that would

include a helicopter final assembly line; construc-

tion of the new facility is scheduled to be completed

in 2016. The project is being supported by Investe

So Paulo, the state investment promotion agency

within the Secretariat of Economic Development,

Science, Technology and Innovation.

Drone development in Brazil could also spur

coatings demand. An Embraer joint venture

with Israeli manufacturer Elbit resulted in thelatters opening of subsidiary AEL Sistemas in

Porto Alegre, state of Rio Grande do Sul. The

state cancelled a contract for drones from the

company in December 2014, purportedly for

political pressure. Drone use in Brazil still could

be spurred by a new government regulation

over the use of the products, now limited to

state security, which was used during the World

Cup in soccer and is expected to be in use for

the 2016 Olympics in Rio de Janeiro.

Within the global thermal spray coating

market, estimated to reach $12.3 billion by2022, corrosion resistant coatings in aero-

space will help spearhead demand, according

to Grand View Research. Aerospace is now the

largest segment for thermal spray, valued at

$2.6 billion last year, and increasing global gov-

ernment spending in civil aviation will propel

the thermal spray coating market over the next

seven years, the analysts opine.

Among major suppliers of aviation coatings

are AkzoNobel, PPG, Sherwin-Williams, BASF

and Henkel, which are also active in the archi-

tectural, automotive and other industrial seg-ments of the Brazilian market. CW

According to

Embraer, within

Brazil, the

national small

jet fleet grew by

3.6 percent and

expectations

are that over the

current decade

Brazil will add 560

small business

jets valued at $9.4

billion.

Brazils Embraer RaisesAviation Coatings Demand
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International Coatings Scene Europe

20 | Coatings World www.coatingsworld.com November 2015

by Sean Milmo

European Correspondent

[email protected]

T

he short to medium outlook for wood

coatings in Europe is looking bright

at the moment as a result of a revivalin the construction industry in the European

Union and increased sales of wood products in

segments in which previously the material has

been little used.

In the longer term the biggest driver in the

sector is the widespread belief that wood offers

more opportunities than other materials for

combating climate change.

However, the expansion of the European

wood market presents challenges to producers

of wood coatings and related treatments like

stains and oils, which goes beyond productinnovation. The coatings industry has to be

able to demonstrate that the sustainability of its

products matches that of wood itself.

Currently growth in demand for timber has

not been uniform across Europe or even within

individual European countries. But analysts

reckon it has been averaging a rate well above

GDP growth in Western Europe of around 1-2

percent, which is about the level of expansionof the whole of the regions coatings market.

Hardwood output went up by 8 percent last

year but many hardwood sectors were still at

production levels below those before the 2008

recession, according to the European Timber

Trade Federation (ETTF).

Timber sales in Germany went up 4 per-

cent in 2014, considerably above the countrys

GDP rise, reports GD Holz, the German tim-

ber trade association.

But this increase was offset by a 7-percent

drop in sales in the first four months of thisyear with building product sales going down

Revival in Construction Leads to BrightOutlook for Wood Coatings

The expansion

of the European

wood market

presents

challenges to

producers of

wood coatings

and related

treatments like

stains and oils,

which goes

beyond product

innovation. The

industry has to

demonstrate that

the sustainability

of its product

matches that of

the wood itself.
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International Coatings SceneEurope

November 2015 www.coatingsworld.com Coatings World | 21

by 7 percent.

There has been a steep increase in

demand for some engineered woods in

northern European countries, which have

helped to widen the architectural poten-tial of wood.

In Stockholm a joint venture of a contrac-

tor and house developer is planning to build

6,000 dwellings using engineered woods, in-

cluding a 13-storey apartment block.

B&K Structures, a specialist in hybrid

materials structures, has been building

at Banyan Wharf, London, a 10-story

residential construction with a mix of

frames of steel and engineered wood. A

14-storey building of engineered wood in

Bergen, Norway, is due to be complet-ed this year, while in Vienna a 24-story

tower of concrete and wood is also being

constructed for commercial use.

A major consequence of the greater

use of wood in a wider variety of build-

ing, both on their exteriors and in their

interiors, as well as in niches in the auto-

mobile, household appliance and signage

sectors is that wood coatings manufac-

tures have to operate more on a bespoke

basis with architects and designers want-

ing customised products.The outcome is a much more fragment-

ed market. Of the 600,000 architects in

Europe, a growing number are becoming

aware of the benefits of wood compo-

nents and then are wanting to specify the

paints and dyes to be used on them.

In the EU joinery and furniture in-

dustries alone, there are around 300,000

manufacturers, the vast majority of them

small-scale.

This fragmentation is helping SMEs

specializing in wood coatings, par-ticularly those mainly serving local or

regional markets.

The bigger players have to rely on

networks of distributors. Also, to keep

up with the rising demand for custom-

ized products and constant innovation,

they require versatile R&D departments.Italys IVM Group, based in Milan,

which, through its Milesi unit, is one of

Europes leading suppliers of wood coat-

ings for professionals, spends 8 percent

of its revenue on R&D.

A possible consolation for wood

coatings manufacturers is that the surge

in sales of the new, engineered woods,

whose strands and fibers are restruc-

tured to form composite high-strength

materials, looks unlikely to necessitate

the development of complex new coat-ings formulations.

At present the ones proving to be

popular with architects and designers in

Europe are cross-linked timber (CLT),

glulam and thermally and chemically

modified woods.

CLT comprises layers of boards placed

cross-wise to adjacent layers, while glued

laminated timber or glulam consists of

several layers of timber of different di-

mensions stuck together with adhesives

to make vertical or horizontal columns asstrong as steel.

The big bonus for coatings manufac-

turers is that these woods are chemically

and physically more stable than conven-

tional woods, explained a UK-based

timber consultant. The existing coatings

actually perform better on them and can

be applied with heavier loadings.

On the other hand coatings on en-

gineered woods have a disadvantage in

respect to the contribution they make

to the sustainability of the woods. CLT,glulam and others have a long service

life in buildings so that far lower energy

inputs are required than with other ma-

terials while they act as a means of stor-

ing carbon. But this gain comes far more

from the engineering of the wood itself

than the coating itself.

With conventional woods, coatings

have a much bigger role in extending the

service life of the woods, a quality which

would be reflected in the life cycle assess-

ments (LCAs) of the coatings.We have an LCA database with data

on the chemicals in coatings going back

20 years, which show how they improve

the environmental impact of wood

products by altering their life cycles,

explained Sandy Smith, a consultant at

thinkstep, LCA specialists, Leinfelden-Echterdingen, Germany.

With a rising number of wood purchas-

ers wanting to know the LCAs of what

they buy, including those of the coatings,

it is becoming important to know as ac-

curately as possible how much coatings

exactly prolong service lives of woods.

With coatings on exterior wood

components on buildings, like window

frames, there can be significant differ-

ences in estimates of service life of coat-

ings because of the lack of consistencyin the data from short-term laboratory

tests, including accelerated weathering,

and that from natural or field weather-

ing exposures.

Servowood, a research project co-

ordinated by the European Coatings

Federation (CEPE) and funded by the EU,

aims to fill the data gaps between the two

systems of weathering tests.

Started last year and due to be com-

pleted in 2017, it aims to establish

European Standards for facilitating theprediction of the service life for exterior

wood coatings across different climatic

zones. Much of the research will be fo-

cused on measuring the inputs in dosage

based on factors like temperature, UV

light and moisture and the response of

different coatings systems to them.

We will establish parameters for cre-

ating models for extrapolating the causal

links between the inputs dosages and

the performance of the coatings in both

laboratory and field-based exposures,explained Jan van der Meulen, CEPEs

director general.

CEPE is hoping that the firmer data

on the service life of exterior wood coat-

ings will help coatings companies develop

even more efficient products, while high-

lighting how much coatings underpin the

unique sustainability of wood, particu-

larly in buildings.

The research will help wood prod-

ucts to be even more effective in the

fight against climate change, van derMeulen said.CW

The short to

medium outlook for

wood coatings inEurope is looking

bright at the

moment.



International Coatings Scene Africa

by Shem Oirere

Africa Correspondent

Two of Africas hydrocarbon indus-

try giants, Nigeria and Angola, are

poised to dominate the continents

offshore oil and gas paints and coatings

market in the short- and medium-term on

the back of ambitious projects already un-

derway or in the pipeline.Market analysts Frost & Sullivan predicts

in a new report the two countries, which

have a combined 46 billion barrels of proved

crude oil reserves, present attractive growth

and operational expansion opportunities for

manufacturers in the offshore oil and gas

(O&G) paints and coatings market.

With raw material availability and local

manufacturing capabilities catalyzing pro-

duction and supply lines, the two countries

are rapidly emerging as the African hub for

the offshore oil and gas paints and coatingsmarket, the report said.

Currently, Nigeria and Angola have lined

up a total of 19 offshore oil and gas projects

over the next five years and these are expected

to substantially grow the two countries off-

shore oil and gas paints and coatings market.

Angola, which holds 9 billion barrels of

proved crude oil reserves, most of it located in

offshore areas of Lower Congo and Kwanza

basin, has up to 10 major offshore projects

set for implementation in a bid to increase its

crude production capacity. The projects in-clude Mafumeira Sul, Luanzi field, Kizomba

Satellites Phase 2, East Hub Project (Cabaca

Norte, South-East), Greater Plutonio Phase 3,

Kaombo Project, Negage, Lucapa, Chissonga,

Malange and Cameia.

The projects are being developed by ma-

jor international oil companies (IOCs) of

Chevron, ExxonMobil, Total, BP, Maersk

Oil, Eni SpA and Cobalt either separately or

jointly.

Earlier, US Energy Information

Administration (EIA) said: Because severalof Angolas older deepwater fields are past

their peak production, the new capacity ad-

ditions from upcoming projects are more

likely to sustain Angolas crude oil produc-

tion around or slightly above current levels

over the medium term rather than provide a

substantial boost.

Six of the Angolan projects have reached

final investment decision (FID) phase with

EIA saying: Despite the recent drop in global

oil prices, projects that are past FID stage will

most likely not be cancelled because the pro-

curement phase has already started.In Nigeria, a country with 37 billion bar-

rels of proved crude oil reserves, second only

to Libya, IOCs have unveiled nine offshore

oil and gas projects to be implemented over

the next five years and which are likely to

boost growth of the West African countrys

offshore oil and gas market.

Although the countrys controversial

Petroleum Industry Bill has held back several

of the planned projects, with only two having

been sanctioned by IOCs, the West African

economy presents one of the largest growthopportunities for the offshore oil and gas

paints and coatings market.

The projects have a combined capacity of

1.1 million new productions in five years ac-

cording to EIA.

In the new Frost & Sullivan report both

countries generated revenues of $675.1 mil-

lion in 2014 earnings set to rise to $1,131.4

million in 2019 based on the study of the

offshore oil and gas facilities, dry docks and

fabrication yards.

The subsidization of manufacturingmakes Nigeria and Angola vital to the produc-

tion of offshore oil and gas paints and coat-

ings in Africa, with the goal of African needs

being fulfilled by African countries, said

Frost & Sullivan Chemicals and Materials re-

search analyst Abdul-Baasit Abdullah.

The drop in crude oil prices has reduced

the base costs of paint through a reduction

in raw material cost of 8.3 percent, driving

competitive pricing and consumption.

Construction of local production facili-

ties will be vital in order to ensure cost-com-petitiveness, as transportation costs of raw

Nigeria andAngola are

poised to

dominate Africas

offshore oil and

gas paints and

coatings marketin the short- and

medium-term

on the back

of ambitious

projects already

underway or inthe pipeline.

Nigeria, Angola Oil and Gas CoatingsMarket on Growth Path


23/52



IPaint Protecting the P&C Industrys Intellectual Assets

by Steve McDaniel, JD, PhD

Technology Litigators

Youve developed a cool new ad-

ditive for a broad spectrum of

coatings even those coatings

outside your own wheelhouse coat-

ings. Happens a lot, right? In order to

maximize the return on your R&D in-

vestment bringing the additive to mar-

ket, you begin licensing to others. Youstart negotiating a license to your intel-

lectual property surrounding the use of

this novel coating component. You have

a patent covering some aspects, you have

a trademark that delivers goodwill you

have developed in the product, and you

even have some copyrighted software

that can be used to predict formulating

mixtures. Integrating all of this dispa-

rate collection of intellectual property is

a lot of know-how, show-how and gen-

eralized trade secret information.Youd like to extract maximal value

out of the hard-won trade secret portfo-

lio, so you suggest to the other party that

you manufacture the coating component,

and that they agree to buy it from you as

a sole source (since youre the only one

that has access to the trade secret treasure

chest). You might think licensing your

trade secrets would be just like licensing

your other intellectual property (e.g., pat-

ents, trademarks, copyrights, etc.). But,

there are some potholes along the roadthat may prevent you from hauling your

licensing royalties to the bank.

Linking IP with products or with

other types of intellectual property is

done all the time. You may be offering

licenses that cover multiple patents or

copyrighted materials or you may con-

nect (tie) the sale of two distinct pat-

ented goods. Or you might license or

good covered only by trade secret with

another patented good.

A classic contractual patent tyingoccurs when the tying product (e.g., a

vapor deposition machine for coating

electrical devices) is patented, but the

tied product is not patented. Rather,

it is a raw material used as an input

for the tying product (spe-

cialized coatings that are

vapor deposited), and the

sale of the patented prod-

uct (machine) is condi-

tioned on the purchase of

the unpatented product

(coating). A technologi-cal tie on the other hand

is one where the tying and

the tied product get bun-

dled together physically or

they are co-produced so

that are only useable with

each one another. The in-

famous U.S. government

suit against Microsoft in-

volved both the contrac-

tual and technological

bundling of the InternetExplorer web browser (in

this case, the tied product)

with MicroSofts Windows

operating system (the ty-

ing product).

Multiple intellectual

property rights may be le-

gally combined into bundles

or packages. But, it has to be

done right. There has been

considerable judicial talent

thrown at trying to come upwith bright line per se guide-

lines making prediction pos-

sible. There are some bright

lines. For instance, illegal

mandatory package licens-

ing occurs when a patent owner refuses to

license a particular patent unless a licens-

ee accepts an entire package (or where the

patent owners royalty scale has the same

result). It would be helpful if courts had

taken a consistent analytical approach

to tying and bundling cases involvingintellectual property. But, they have not

(employment insurance for lawyers).

This has been the underlying impetus

for the FTCs laying out a rule of rea-

son approach to intellectual property

bundling as is reflected in its Antitrust

Guidelines for the Licensing of Intellectual

Property (Antitrust-IP Guidelines). The

Antitrust-IP Guidelines recognize that

[c]onditioning the ability of a licensee

to license one or more items of intellec-tual property on the licensees purchase of

Tying and Bundling - Nice For Your Holiday Giving,Not so Much When Youre Licensing Your IP



IPaintProtecting the P&C Industrys Intellectual Assets

another item of intellectual property or a

good or a service has been held in some

cases to constitute illegal tying. But,

it also states that [a]lthough tying ar-

rangements may result in anticompetitive

effects, such arrangements can . . . resultin significant efficiencies and procompeti-

tive benefits. In other words, if there is a

good reason (i.e., considering the totality

of the facts, commerce and free trade are

promoted), courts can allow an otherwise

illegal connections of separate pieces of

IP. Is your head hurting yet?

Pursuant to the Antitrust-IP

Guidelines, a court can consider both the

anticompetitive effects and the efficien-

cies attributable to a tie. The Feds arelikely to challenge a tying arrangement

if: (1) the seller has market power

in the tying product, [which the Feds

will not presume necessarily just be-

cause the license involves a patent,

copyright, or trade secret]; (2) the ar-

rangement has an adverse effect oncompetition in the relevant market

for the tied product; and (3) efficien-

cy justifications for the arrangement

do not outweigh the anticompetitive

effects. If a package

license is found to con-

stitute tying, the Feds

will evaluate it using

the same rule of reason

principles they use to

analyze tying arrange-

ments that do not in-volve IP.

Whether the legal

analysis applied to

intellectual property

bundling is some form

of the per se rule or the

more expansive rule of

reason, it will be in-

cumbent upon a plain-

tiff to establish that a

defendant has market

power in the tying product.Market power is not gonna

be presumed merely from

the existence of a patent.

Basically, the Feds

will take this approach.

Although the intellectual

property right (lets say your

patent) confers the power

to exclude with respect to a

specific product, there will

often be sufficient actual or

potential close substitutesthat prevent the exercise of

market power. So, the Feds

will investigate the relevant

market to determine wheth-

er the intellectual property

at issue grants any market power in dol-

lars and cents. Even if such market power

is found, the Feds will further invest

Documents

Coatings Word November 2015