E.I. du Pont de Nemours & Co. v. Kolon Industries Inc.
In a widely publicized case, a federal jury awarded Analysis Group client DuPont Co. $920 million in damages in a suit involving the misuse of information related to DuPont’s Kevlar business. The chemicals company alleged that Kolon Industries, a South Korean textile firm, had misappropriated trade secrets, engaged in conspiracy, and stolen confidential business information about DuPont’s “para-aramid” or Kevlar fiber, which is used in body armor and automotive products.
The law firms of McGuireWoods and Crowell & Moring retained a team from Analysis Group, led by Managing Principal John C. Jarosz and Principal Robert L. Vigil, to perform a damages analysis and testify about the findings. Analysis Group examined the costs that Kolon had avoided through its misuse of information and found that the gains totaled $920 million.
After a 10-hour deliberation, the jury found that Kolon and its U.S. subsidiary had wrongfully and willfully obtained proprietary information about Kevlar by hiring former DuPont engineers and marketers. According to Bloomberg and other news sources, the $920 million award was one of the largest intellectual property judgments in 2011.