By Park Ji-won
A seasoned U.S. attorney advised Korean companies to be aware of American firms' aggressive attack against their attempt to enter the U.S. market, citing the case of Kolon Industries and DuPont.
The law firm Paul Hastings represented Kolon. "Aggressive involvement of the U.S. government reflects the rising number of American in-house legal departments viewing intellectual property matters as a means to generate profits for the company. They are actively seeking enforcement lawsuits against foreign companies," said Jeff Randall, the global co-chair of Intellectual Property at Paul Hastings during a press briefing.
He cited Kolon case as a typical example of American firms' pre-emptive move to secure their market share. Randall said the U.S. government teams up with American firms to protect local companies against foreign companies.
"The U.S. administration has established various initiatives, programs, enforcements, policies and priorities every year towards protecting the U.S. intellectual property (IP) rights and making it easier and more effective, increasing penalties against foreign companies."
He advised companies to better educate their employees, making them more careful in the language they use in documents that could be used as evidence in litigation.
It is necessary to be wary of candidates who volunteer to reveal too much information, and routinely update and review compliance policies and programs, he added.
In August 2012, the U.S. District Court for the Eastern District of Virginia sided with DuPont, ordering Kolon to pay $919.9 million to DuPont and cease making its aramid fiber for 20 years, a ruling that Kolon has appealed.
The U.S. court in April, however, overturned a 2012 verdict against Kolon that awarded DuPont $919.9 million in damages.
Randall expects the case to be decided by the end of this year.
Paul Hastings is a global law firm with some 20 offices in Asia, Europe, and the United States. The law firm's Korean branch has primarily handled Korean firms' multinational lawsuits related to intellectual property and mergers and acquisitions since its foundation in November 2012.
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| Jeff Randall, global head of Paul Hastings' intellectual property litigation unit |
The law firm Paul Hastings represented Kolon. "Aggressive involvement of the U.S. government reflects the rising number of American in-house legal departments viewing intellectual property matters as a means to generate profits for the company. They are actively seeking enforcement lawsuits against foreign companies," said Jeff Randall, the global co-chair of Intellectual Property at Paul Hastings during a press briefing.
He cited Kolon case as a typical example of American firms' pre-emptive move to secure their market share. Randall said the U.S. government teams up with American firms to protect local companies against foreign companies.
"The U.S. administration has established various initiatives, programs, enforcements, policies and priorities every year towards protecting the U.S. intellectual property (IP) rights and making it easier and more effective, increasing penalties against foreign companies."
He advised companies to better educate their employees, making them more careful in the language they use in documents that could be used as evidence in litigation.
It is necessary to be wary of candidates who volunteer to reveal too much information, and routinely update and review compliance policies and programs, he added.
In August 2012, the U.S. District Court for the Eastern District of Virginia sided with DuPont, ordering Kolon to pay $919.9 million to DuPont and cease making its aramid fiber for 20 years, a ruling that Kolon has appealed.
The U.S. court in April, however, overturned a 2012 verdict against Kolon that awarded DuPont $919.9 million in damages.
Randall expects the case to be decided by the end of this year.
Paul Hastings is a global law firm with some 20 offices in Asia, Europe, and the United States. The law firm's Korean branch has primarily handled Korean firms' multinational lawsuits related to intellectual property and mergers and acquisitions since its foundation in November 2012.
