Kolon Indus. Inc. v. E. I. DuPont De Nemour, No. 12-1587 (4th Cir. 2014)Annotate this Case
DuPont filed suit against Kolon, alleging the theft and misappropriation of its Kevlar trade secrets (the trade secrets case). Kolon's answer included the instant counterclaim (the antitrust case), alleging that DuPont had illegally monopolized and attempted to monopolize the U.S. para-aramid market through its supply agreements with high-volume para-aramid customers. Para-aramid is a strong, complex synthetic fiber used in body armor, tires, fiber optic cables, and a variety of other industrial products. The court concluded that following United States v. Owens, recusals under 28 U.S.C. 455(b) include a judicially implied timely-filing requirement, and that the district court acted within its discretion when it denied Kolon's recusal motion on timeliness grounds. The court deferred to the district court's considerable discretion in overseeing discovery and will not disturb its discovery rulings. On the merits of Kolon's antitrust suit, Kolon has failed to raise a triable issue of material fact sufficient to sustain either its attempted or actual monopolization claims. Accordingly, the court affirmed the judgment of the district court.