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Judge: Prosecutors botched service on defendant company

U.S. District Judge Robert Payne of Richmond rebuked federal prosecutors for failing to get proper service on a South Korean company accused of stealing trade secrets for making body armor.

The judge’s Feb. 22 ruling means a delay in the criminal case against Kolon Industries Inc. as the government must try again to properly notify Kolon about the criminal charges it faces.

Payne presided over a civil trial against Kolon in which DuPont Co. won a nearly $920 million verdict on claims that Kolon used DuPont technology to make a competing high-strength para-aramid fiber. The product is used in body armor, military helmets, tires and fiber-optic cables.

Kolon has appealed the civil verdict.

In the criminal ruling, Payne rejected what he depicted as at least eight efforts by the U.S. government to serve Kolon, including attempted service under a bilateral treaty on legal proceedings.

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