8-K

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

 
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
 
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 

Date of Report (Date of earliest event reported)
October 19, 2007
 

Wellman, Inc.

(Exact name of registrant as specified in its charter)  

Delaware
(State or other jurisdiction
of incorporation) 1-10033
(Commission File Number) 04-1671740
(IRS Employer
Identification No.)

1041 521 Corporate Center Drive Fort Mill, South Carolina	29715
(Address of principal executive offices)	(Zip Code)

Registrant’s telephone number, including area code:  (803) 835-2000

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))  

TABLE OF CONTENTS

EX-99.1 Press release dated October 22, 2007.

Item 8.01. Other Events.

          On October 19, 2007, Wellman, Inc. served Eastman Chemical Company with notice initiating a patent infringement lawsuit against Eastman Chemical Company for infringement of two United States Patents owned by Wellman that cover titanium catalyst polyethylene terephthalate (“PET”) resins and the preforms made from titanium catalyst PET resins. The complaint alleges that Eastman infringes Wellman’s United States Patent No. 7,129,317 with its ParaStar resins that are made in its IntegRex process and Eastman is inducing third parties, including its customers, to infringe Wellman’s United States Patent No. 7,094,863 when they make preforms using ParaStar resin. On October 22, 2007, Wellman, Inc. issued a press release announcing this lawsuit. A copy of the press release is attached as exhibit 99.1.

SIGNATURES
 

          Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

	Wellman, Inc.
October 24, 2007	/s/ David R. Styka
	David R. Styka
	Vice President, Chief Accounting Officer and Controller

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EXHIBIT INDEX
 

Exhibit
Number	Description
99.1	Press release dated October 22, 2007.

4

EX-99.1

Exhibit 99.1

Contact: Michael Bermish

Investor Relations Officer

(803) 835-2238

FOR IMMEDIATE RELEASE

WELLMAN, INC. INITIATES PET RESIN PATENT INFRINGEMENT LAWSUIT
AGAINST EASTMAN CHEMICAL COMPANY

Fort Mill, SC. –(October 22, 2007)- Wellman, Inc. (NYSE: WLM) announces the initiation of a patent infringement lawsuit (1:07-cv-00585 (SLR)) against Eastman Chemical Company for infringement of United States Patent Nos. 7,129,317 and 7,094,863 owned by Wellman that cover titanium catalyzed polyethylene terephthalate (“PET”) resins and the preforms made from titanium catalyzed PET resins. The complaint alleges that Eastman infringes Wellman’s ‘317 patent with its ParaStar resins that are made from its IntegRex process and Eastman is inducing third parties, including its customers, to infringe Wellman’s ‘863 patent when they make preforms using ParaStar resin.

Wellman is committed to active enforcement of its rights under these patents and remains committed to providing the high level of quality products and support services that our customers have come to expect. As such, Wellman welcomes any inquiries from customers who have any questions regarding these patents or the patented technology.

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Wellman, Inc. manufactures and markets high-quality polyester products, including PermaClearÒ brand PET (polyethylene terephthalate) packaging resins and FortrelÒ brand polyester fibers.

Exhibit 99.1

Forward-Looking Statements

          Statements contained in this release that are not historical facts are forward-looking statements made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. In addition, words such as “believes,” “expects,” “anticipates,” and similar expressions are intended to identify forward-looking statements. These statements are made as of the date hereof based upon current expectations, and we undertake no obligation to update this information contained herein. These forward-looking statements involve certain risks and uncertainties, including, but not limited to: reduced raw material margins; availability and cost of raw materials; reduced sales volumes; increase in costs; volumes of textile imports; prices and volumes of polyester staple fiber and PET resin imports; the actions of our competitors; the financial condition of our customers; availability of financing, changes in financial markets, interest rates, credit ratings, tax risks; inability to execute our strategy; environmental risks and foreign currency exchange rates; natural disasters, regulatory changes; U.S., European, Asian and global economic conditions; work stoppages; levels of production ; capacity and profitable operations of assets; prices of competing products; acts of terrorism; and maintaining the operations of our existing production facilities. Actual results may differ materially from those expressed herein. Results of operations in any past period should not be considered indicative of results to be expected in future periods. Fluctuations in operating results may result in fluctuations in the price of our common stock. For a more complete description of the prominent risks and uncertainties inherent in our business, see our Form 10-K for the year ended December 31, 2006.

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