Nextec Applications Inc, a global manufacturer of high-performance engineered fabrics with encapsulation technology, has filed a patent enforcement action against Marmot Mountain LTD and Toray Industries Inc.

The complaint, which is logged in the US District Court in San Diego, alleges that the two companies are making, using and offering for sale fabric and outerwear that incorporate Nextec's patented technology without its authority or license.

"Nextec Applications has worked very hard to develop and protect its fabric encapsulation technology," said Peter Ellman, president and chief executive officer. He added that the company holds 51 patents representing more than a decade of work, and "we intend to aggressively protect our intellectual property investment and our market share."

Nextec's breakthrough technology comes at a time when there is a global trend towards high-performance engineered fabrics in a range of industries. The patented encapsulation process puts the fabric performance features inside the fabrics, not just on the surface. This technology is key to dramatically improving fabric performance by making it possible to engineer fabrics with an array of desirable attributes, including super water repellency, wind resistance, durability and extreme breathability.

Nextec's fabrics are used in performance outerwear, medical products and industrial applications, but the company is probably best known for its Epic by Nextec (Encapsulated Protection Inside Clothing) brand fabrics that are marketed to the apparel industry.