In Kolon Industries v. E.I. du Pont de Nemours, Eastern District of Virginia Judge Robert E. Payne threw out an antitrust suit brought by Kolon Industries Inc., accusing E.I. Du Pont De Nemours and Co. of monopolizing the market for synthetic body armor fiber. The court granted Du Pont’s motion for summary judgment, holding that Du Pont did not monopolize the market because it “clearly lacks the power to control prices and exclude competition” in the thriving para-aramid fiber industry. The court also held that Du Pont’s supply agreements with some of its customers did not foreclose the market to Kolon, because the non-exclusive and short-term nature of the agreements allowed for DuPont’s competitors to conduct business with all such customers.
This ruling is the latest development in the legal battle between Kolon and DuPont that began in 2009. DuPont has already been awarded $920 million in damages in a trade secrets suit. Du Pont has more pending motions, including a motion for injunctive relief, requesting Kolon to stop making products using allegedly stolen technology.