(Lead counsel: Michael A. Charish, Esq.) SolarTech brought this action against J-Fiber for multiple breaches of a Patent and Technology Information License Agreement, dated May 22, 2003 (the “License Agreement”),
and other wrongful acts. Though no longer affiliated, both parties share a common corporate origin. SolarTech is the successor to a company called FiberCore, Inc. and J-Fiber is the successor to FiberCore Jena AG, which was a wholly owned subsidiary of FiberCore. When FiberCore acquired FC Jena in 1994, it was a small company utilizing virtually obsolete methods and offering outdated products. FiberCore then made extensive investments in FC Jena, developing novel proprietary technology protected as trade secrets and utilizing other confidential intellectual property, such that by 2001, FC Jena had been transformed into a leading fiber company, the second largest in Germany. Recognizing that its business would not be viable if ever it lost the ability to use FiberCore’s intellectual property due to a change in control, FC Jena sought the License Agreement to formalize its rights as a licensee of the FiberCore intellectual property on which its now-successful business came to rely. FiberCore agreed to the arrangement because it assured FiberCore that its intellectual property rights, and the compensation it received for the use of its
intellectual property, would be clearly delineated. FC Jena did in fact undergo a change in control, after FiberCore filed for bankruptcy protection in the U.S., FC Jena entered receivership in Germany, and J-Fiber purchased FC Jena’s assets. After reorganization, however, FC Jena and its successor J-Fiber refused to honor the License Agreement and withheld millions of dollars owed to FiberCore and its successor SolarTech. Despite repudiating the License Agreement and refusing to compensate SolarTech,
J-Fiber is now exploiting SolarTech’s intellectual property — including valuable trade secrets — for its own profit.
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