DuPont v. Kolon Industries
DuPont v. Kolon Industries | |
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F. App'x 710 (4th Cir. 2014); cert. denied, 135 S. Ct. 439 (2014). | |
Court membership | |
Judge(s) sitting | Robert E. Payne |
DuPont v. Kolon Industries is an intellectual property lawsuit centering on the allegation that Kolon Industries (of 코오롱그룹), a South Korea-based company, stole trade secrets concerning the production and marketing of Kevlar from DuPont, an American chemical company. Kevlar is a high strength synthetic fiber used in applications as diverse as bicycle tires and body armor. On September 14, 2011, a jury found in favour of DuPont and awarded damages of $919.9 million. A 2015 settlement reduced the damages to $275 million.
Background
Kevlar is a registered
Destruction of evidence
On July 21, 2011, the court found that Kolon had intentionally
Judgment and reactions
On September 14, 2011, a jury in the
Thomas G. Powell, President of DuPont Protection Technologies, said "The size of this award is one of the largest in defense of business processes and technologies. It also sends a message to potential thieves of intellectual property that DuPont will pursue all legal remedies to protect our significant investment in research and development and our proprietary information for the benefit of our shareholders and customers... Not only are the technologies and processes of Kevlar important to DuPont, but also to the thousands of soldiers, law enforcement officers and first responders globally whose lives Kevlar protects." In a press release DuPont further stated that it intended to seek the award of costs and injunctive relief, requiring Kolon to return the stolen information and cease production of products made using the information.[11]
Appeal and settlement
In 2014, a federal appeals court overturned the 2011 verdict.[12][13] On April 30, 2015, Kolon Industries settled and agreed to pay $275 million in damages to DuPont. The company also pleaded guilty to a federal charge of conspiracy to convert trade secrets, for which they will pay $85 million in criminal fines. [14]
References
- ^ "What is Kevlar". DuPont. Archived from the original on March 20, 2007. Retrieved September 15, 2011.
- ^ "DuPont Accuses Kolon of Stealing Trade Secrets". Industry Week. Archived from the original on March 24, 2012. Retrieved September 15, 2011.
- ^ Rushe, Dominic (September 15, 2011). "DuPont Wins $900m Kevlar Spy Case". The Guardian. London. Retrieved September 16, 2011.
Kolon's rival product is called Heracron.
- ^ a b "Kolon Loses $920 Million Verdict to DuPont in Trial Over Kevlar". Washington Post. Retrieved September 15, 2011.
- ^ "Former DuPont Worker Sentenced 18 months for Trade-Secrets Theft". ICIS.com. Retrieved September 15, 2011.
- ^ DuPont v. Kolon Industries, 803 F. Supp. 2d 469 (E.D. Va. 2011).
- ^ "DuPont v. Kolon: A Lesson in How to Avoid Sanctions for Spoliation of Evidence". E-Discovery Law Alert. Retrieved September 15, 2011.
- ^ "DuPont v. Kolon Industries: Deletion of E-mails Leads to Sanctions and Spoliation of Evidence Instruction". Hahn Loeser. Archived from the original on April 2, 2012. Retrieved September 15, 2011.
- ^ "Kolon Sanctioned for Spoliation First Day of Trial: Adverse Inference Instruction Forthcoming". Virginia IP Law. Retrieved September 15, 2011.
- ^ "DuPont Awarded $920m over Stolen Trade Secrets". BBC News. September 14, 2011. Retrieved September 15, 2011.
- ^ "DuPont Wins Trade Secret Case Against Kolon Industries" (Press release). DuPont. Archived from the original on January 17, 2014. Retrieved September 15, 2011.
- 4th Cir.2014).
- ^ Bunge, Jacob (April 30, 2015). "DuPont Settles Trade-Secrets Case Against Kolon Industries". Wall Street Journal. Retrieved July 23, 2015.
- ^ "Kolon Industries Inc. Pleads Guilty for Conspiring to Steal DuPont Trade Secrets Involving Kevlar Technology". FBI. April 30, 2015. Retrieved July 23, 2015.