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AIRBUS KOREA, BOEING KOREA EXECS UNDER CRIMINAL INVESTIGATION FOR VIOLATIONS OF
PENAL CODE; COULD FACE 7 YEARS IMPRISONMENT

IcrowdLegal Sep 5, 2023 2:00 PM ET

Airbus Korea, Boeing Korea Execs Under Criminal Investigation for Violations of
Penal Code; Could Face 7 Years Imprisonment

SEOUL, South Korea – South Korean authorities recently commenced criminal
investigations for executives at Airbus Korea Limited and Boeing Korea LLC,
under Penal Articles 225(1) and 230 of the Patent Act for infringement. Under
Chapter XII Penal Provisions, the CEOs could face up to seven years in prison.  

 



 

The prosecution (Criminal File #20234007), which includes Loic Porcheron,
managing director of Airbus Korea, and Eric John, president of Boeing Korea,
follows a lawsuit Xene filed in May 2022 against Dutch composite global giant
Nouryon BV. The lawsuit, filed in U.S. District Court for the Eastern District
of New York, case number CV-22-2850, alleges Nouryon used Xenecore, Xene’s
patented foam-based carbon composite material and manufacturing process, to make
parts for 1,000 other companies.

 





 

Xene is seeking $6.3 billion in damages from Nouryon and the other companies.
Two of those entities, Diadem Sports and Lantor Composites AB, were identified
by name in the lawsuit. The rest were referred to in court documents as “John
Does #1 to #1003.”

On July 5, 2023, Xene filed a brief stating Nouryon encourages companies like
Boeing, General Electric, and Evonik to carry out the Xenecore process.

In 2014, Nouryon agreed to distribute and sell the Xenecore material and process
to customers for both companies for mutual monetary benefit. However, Xene
alleges Nouryon did so without sharing the profits with Xene and continues to
sell the Xenecore material and process to a host of its customers.

Noryoun has filed a motion to dismiss the lawsuit due to an alleged lack of
jurisdiction and another motion to dismiss based on Xene’s supposed failure to
show evidence of Noryoun’s direct patent infringement.

Xene began producing carbon fiber tennis rackets in 2010.  It then expanded the
use of its microsphere products into other applications, including drag-based
wind turbine blades called the Fanturbine. Xene claims the Fanturbine captures
exponentially more wind energy than traditionally shaped aero blades. A story on
the Fanturbine was featured in the July 2023 edition of Composites World
Magazine. 

Xene claims the technology proves Newton’s Law on Conservation of Energy
overrules a century of Betz’s theories that drag causes a “loss of energy.”
According to Newton’s Law, drag energy cannot be lost. Fan-type blades convert
it into energy and provides exponential power over “lifting” with the
conventional aero-type blades. 

A recent study proves that 100-meter fan blades can extract more than 1 gigawatt
of energy from the wind, and a 30-blade drag array can capture 3 gigawatts of
energy. The paper reports that wind energy available for extraction is more than
20 million times that of solar per square meter of real estate, making it the
best solution for climate change. The report can be downloaded here.   

The study follows a white paper by Paulo Abdala, an aeronautics professor,
showing that by using drag over lift, 14-megawatt turbines could output 1.4
gigawatts of energy, 100 times more than current conventional technology. 

The court documents Xene filed reference a video showing how the microspheres
are used in the manufacturing of Airbus parts.  

Facing refusal to resolve amicably, the company is seeking counsel in 25
countries in Europe, Asia, and Central America to commence criminal cases
against CEOs of Airbus, Boeing and other makers, distributors, and end users of
airlines, wind turbines, automobiles, boats, construction companies,
transportation composites and composite sporting goods who are infringing on
their patents. Those include ­­companies and CEOs in Austria, Belgium, Denmark,
Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Monaco, Norway,
Portugal, Spain, Sweden, Switzerland, The Netherlands, United Kingdom, Turkey,
Iceland, Poland, Japan, China and Mexico.

Amongst the additional named Joe Doe defendants are General Electric, Siemens,
Vestas and automobile makers in Europe.


CONTACT INFORMATION:

Name: Bae Y Joon
Email: baeyjoon1998@naver.com
Job Title: Journalist



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