Kolon Gets Tangled Up In Synthetic Fiber Case Against DuPont

A federal judge in Virginia has granted summary judgment to E.I. DuPont De Nemours and Co. on Kolon Industries’ antitrust claims against DuPont.

This marks the second loss to Kolon in the complex legal battle of Kolon Industries v. E.I. du Pont de Nemours, in the U.S. District Court for the Eastern District of Virginia.

The battle began when DuPont filed a suit against Kolon alleging that it stole highly confidential trade secrets relating to one of DuPont’s synthetic fibers.  Kolon fired back with a counterclaim alleging that DuPont had monopolized or attempted to monopolize the market for para-aramid synthetic fibers used in body armor. 

The cases were split and on September 14, 2011, DuPont won its trade secrets case.  The jury awarded nearly $920 million dollars in damages.

DuPont also filed a motion for injunctive relief asking that the court require Kolon to stop making or selling products using the allegedly stolen technology.  That motion, along with requests for sanctions and attorney’s fees, is still pending.

In the meantime, Kolon lost its second battle when U.S. District Judge Robert E. Payne dismissed its antitrust case with prejudice. 

Judge Payne held that DuPont did not monopolize or attempt to monopolize the market, and that there was no evidence that DuPont had foreclosed the market to Kolon.  Judge Payne found that, to the contrary, DuPont was actually unable to prevent “the rise of one of its major competitors.”