Judge Kills DOJ's Summons Of Kolon In Trade Secrets Action

Law360, New York (February 25, 2013, 5:57 PM EST) -- A Virginia federal judge on Friday ruled the U.S. Department of Justice failed to properly serve South Korea-based Kolon Industries Inc. and five executives with a criminal summons for its trade secrets suit, finding the government's service on Kolon's U.S. subsidiary doesn't meet legal service requirements.

U.S. District Judge Robert E. Payne ruled the U.S. failed to establish that its service on Kolon USA Inc. qualifies for exceptions to the rule that service on a subsidiary doesn't constitute process upon the parent.

One such exception is showing that the subsidiary is a "managing or general agent" for the parent, however the...

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