The aluminum foil association is threatening to sue a company that made aluminum foil to replace it as a primary coating in consumer products.
Aluminum foil is a common coating on consumer products and is commonly used in plastic bags and food packaging.
However, the aluminum foil is not the only coating used for the same purpose.
Alcoa, the world’s largest aluminum producer, filed for patent in 2014 on a process for making aluminum foil from aluminum.
The aluminum foil filing is being taken up by the Aluminum Manufacturers Association, a trade group of companies that make products made from aluminum and have lobbied Congress and the Obama administration to get aluminum foil into the food and food processing industries.
Alcoa and the Aluminum Institute of America, a nonprofit trade group, say the aluminum patent is invalid and would violate the U.S. Patent and Trademark Office’s (USPTO) trademark rights.
The Aluminum Institute said in a statement to Vice News that it has filed an action seeking to invalidate the Alcoas patent, and will “seek damages against Alcoacal, its parent company, and any others who may be involved in or have infringed its patent rights.”
Alcoas lawyers declined to comment.
Alcor’s lawyers did not respond to a request for comment.
In a blog post published Thursday, Alcor said that it would not defend against the lawsuit and was planning to file a motion to dismiss the complaint.
“Alcoals patent claims are based on the same core design that is being patented in Alcoats patent, including the ability to selectively apply the aluminum coating to certain types of products, such as food packaging, plastic bags, and food,” Alcor wrote.
“Alcoat’s patent claims, in essence, are the same as Alcoals claims of other similar patents that are pending or under review in the United States Patent and Trade Office.
Alcor believes Alcoat patents infringe Alcoates core design.
Alcotals claims will not be accepted as the basis for Alcoahs suit against Alcor, and Alcoaks claims will be dismissed as unpatentable.”
Alcor said it will also seek to recover “all expenses incurred by Alcor in connection with Alcor’s filing of this suit.”