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U.S. Silica Announces Favorable Patent Infringement Verdict

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U.S. Silica Holdings, Inc. (NYSE: SLCA) announced a favorable Final Judgment in its patent lawsuit against Amberger Kaolinwerke (AKW) in Texas. The litigation, initiated in September 2020, centered on allegations of patent infringement regarding the White Armor® cool roof granules. A jury unanimously ruled in favor of U.S. Silica in March 2022, confirming willful infringement and dismissing AKW's counterclaims. The Court's Final Judgment, entered on March 29, 2023, upheld the jury's findings and imposed treble damages and a permanent injunction against AKW. CEO Bryan Shinn expressed satisfaction with the outcome, affirming U.S. Silica's commitment to defending its intellectual property rights. U.S. Silica is a leading producer of commercial silica, with a history spanning over 123 years and 27 operational facilities in the U.S.

Positive
  • Final Judgment secures victory against AKW, affirming patent rights.
  • Court awarded treble damages and a permanent injunction, indicating serious infringement.
  • Unanimous jury verdict on all counts showcases strength of U.S. Silica's claims.
Negative
  • None.

KATY, Texas, April 19, 2023 /PRNewswire/ -- U.S. Silica Holdings, Inc. (NYSE: SLCA) announced today that it received the Final Judgement in its lawsuit against Amberger Kaolinwerke ("AKW") in the federal court of the Eastern District of Texas. U.S. Silica filed its lawsuit against AKW in September 2020, alleging that AKW was infringing multiple patents related to the White Armor® cool roof granules product line. In March 2022, the jury returned a unanimous verdict for U.S. Silica on all counts, including willful infringement, and denied all of AKW's counterclaims. On March 29, 2023, the Court entered its Final Judgment. In addition to affirming the findings of the jury, the Court determined that both treble damages and a permanent injunction were appropriate, after observing that such remedies are generally available only for "egregious cases of culpable behavior."

Bryan Shinn, U.S. Silica's Chief Executive Officer, commented, "We are extremely pleased with the favorable Final Judgement. U.S. Silica has demonstrated its commitment to enforcing our intellectual property rights through this verdict and will continue to defend them in the future."

About U.S. Silica

U.S. Silica Holdings, Inc. is a global performance materials company and is a member of the Russell 2000. The Company is a leading producer of commercial silica used in the oil and gas industry and in a wide range of industrial applications. Over its 123-year history, U.S. Silica has developed core competencies in mining, processing, logistics and materials science that enable it to produce and cost-effectively deliver over 600 diversified products to customers across our end markets. U.S. Silica's wholly-owned subsidiaries include EP Minerals and SandBox Logistics™. EP Minerals is an industry leader in the production of products derived from diatomaceous earth, perlite, engineered clays, and non-activated clays. SandBox Logistics™ is a state-of-the-art leader in proppant storage, handling and well-site delivery, dedicated to making proppant logistics cleaner, safer and more efficient. The Company has 27 operating mines and processing facilities and two additional exploration stage properties across the United States and is headquartered in Katy, Texas.

Forward-looking Statements

This press release contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act") and Section 27A of the Securities Act of 1933, as amended. All statements other than statements of historical fact are forward-looking statements, including information related to sustainability goals and commitments, targets and timelines for achievement and environmental impact reduction goals. Forward-looking statements give our current expectations and projections relating to our financial condition, results of operations, plans, objectives, future performance and business. These statements may include words such as "anticipate," "estimate," "expect," "project," "plan," "intend," "believe," "may," "will," "should," "could," "can have," "likely" and other words and terms of similar meaning. All forward-looking statements are subject to risks and uncertainties that may cause actual results to differ materially from those that we expect. These risks and uncertainties include, but are not limited to, those described in Part I, "Item 1A. Risk Factors" and elsewhere in our latest Annual Report on Form 10-K and those described from time to time in our future reports filed with the Securities and Exchange Commission (the "SEC"). The forward-looking statements included herein are made only as of the date hereof. We disclaim any intention or obligation to update publicly or revise such statements, whether as a result of new information, future events or otherwise. All written and oral forward-looking statements attributable to us, or persons acting on our behalf, are expressly qualified in their entirety by these cautionary statements as well as other cautionary statements that are made from time to time in our other filings with the SEC, and our other public communications.

U.S. Silica Holdings, Inc.

Investor Contact
Patricia Gil
Vice President, Investor Relations & Sustainability
281-505-6011
gil@ussilica.com 

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SOURCE U.S. Silica Holdings, Inc.

FAQ

What was the outcome of U.S. Silica's lawsuit against AKW?

The lawsuit resulted in a Final Judgment in favor of U.S. Silica, confirming patent infringement by AKW.

When did U.S. Silica file the lawsuit against Amberger Kaolinwerke?

U.S. Silica filed the lawsuit against AKW in September 2020.

What were the jury's findings in the U.S. Silica vs. AKW case?

The jury found in favor of U.S. Silica on all counts, including willful infringement.

What kind of damages were awarded to U.S. Silica in the AKW lawsuit?

U.S. Silica was awarded treble damages and a permanent injunction against AKW.

What is the significance of the court's judgment for U.S. Silica?

The judgment reinforces U.S. Silica's commitment to protecting its intellectual property and sets a precedent for patent enforcement.

U.S. SILICA HOLDINGS, INC.

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Mining & Quarrying of Nonmetallic Minerals (no Fuels)
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