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Corning Inc. (“Corning”), an American glass technology pioneer founded in 1851 that leads innovation in glass science, and has developed the glass for extremely advanced high-tech devices, such as Hubble Space Telescope and U.S. space vehicles. In 2007, Corning developed the first “cover glass” to cover smartphones, called “Gorilla Glass,” which is allegedly durable, lightweight, thin and damage resistant. According to Corning’s complaint, in April 2016, to manufacture Gorilla Glass, Corning entered an agreement with Shenzhen Xinhao Photoelectric Technology Co., a Chinese photoelectric company (“Xinhao”), where Corning agrees to share its glass technology (“Corning Technology”) with Xinhao for it to produce Gorilla Glass, and Xinhao agrees to keep Corning Technology confidential and to only use the Technology on Gorilla Glass. However, after Corning disclosed the Corning Technology to Xinhao, Xinhao began using Corning Technology to produce its own cover glass products and sold these products to a Chinese smartphone company – Vivo Communication Technology Co. (“Vivo”) – for use in Vivo-made smartphones.
Corning alleged that in August, 2018, it sent a letter demanding Xinhao stop using Corning Technology on non-Corning glass and allow Corning to audit and inspect Xinhao’s facilities, but Xinhao refused. On October 15, 2018, Corning filed suit at federal court against Xinhao for breach of contract, praying for injunction and monetary damages.
Written by Dere Tai
