Invista filed suit against DuPont and France's Rhodia (the former chemicals and fibers & polymers units of Rhone-Poulenc) on August 15 in U.S. District Court in New York.

The lawsuit alleges that Rhodia and DuPont teamed up to use unlawfully Invista's intellectual property, technology to produce adiponitrile used in the manufacture of nylon, to build a competitive manufacturing plant in Asia and Invista is seeking to prevent Rhodia and DuPont from using the technology, as well as demanding compensation for damages.

According to Invista, the technology was part of Koch Industries' 2004 purchase of Invista, Dupont's textile business, from DuPont for $4.2 billion. At the acquisition, DuPont signed a non-competion agreement, prohibiting it from competing against Invista and investing in competitors, which is still effective.

Invista says Rhodia improperly obtained the technology via Invista's subsidiary and Rhodia's joint venture in France and is planning on using its technology for a plant in Asia, and DuPont recently announced its investment in the plan.

DuPont, on the other hand, says that the lawsuit has no factual basis and will oppose it strongly.