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Title Ruling by the United States Court of Appeals for the Fourth Circuit Date 2014-04-04
Kolon is pleased with today’s ruling by the United States Court of Appeals for the Fourth Circuit.
The court overturned the verdicts on liability and damages?entered in 2011 by the United States District Court for the Eastern District of Virginia?in connection with DuPont’s trade secrets case against Kolon, thereby also invalidating the worldwide injunction placed on Heracron® (which was previously stayed while the appeal was pending). 

“Today’s ruling is a significant victory for Kolon, as the Court of Appeals agreed with Kolon that the District Court erroneously excluded key evidence relevant to liability and damages during the original trial, ultimately leading to an improper result,” said Jeff Randall, Kolon’s lead counsel at Paul Hastings LLP.

By vacating the judgment against Kolon and remanding the case for further proceedings before a new judge, the ruling grants Kolon a new opportunity to tell its side of the story and opens the door to present additional evidence that had been improperly kept from the jury in the prior trial.

Kolon is confident that the new trial will permit Kolon to present new evidence supporting its long-standing position that it relied on publicly and legally available information to develop its own aramid fiber business and that the information on which DuPont has based its claims is not entitled to trade secret protection.

Kolon looks forward to having its new day in court.

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