Green iron start-up Element Zero has lost its latest bid to set aside search orders in a case by Fortescue alleging former employees misappropriated its process for carbon dioxide-free iron.
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Element Zero has denied claims that three former Fortescue employees, including one executive, misused confidential information and developed a green iron process on the company dime.
Green iron start-up Element Zero is continuing its fight over search orders won by rival Fortescue that it claimed were a massive over-reach.
Fortescue has defeated a bid by its former CFO’s green iron start-up to set aside search orders that were said to have been secured “off the back of egregious material non-disclosure”.
Fortescue has rejected Element Zero’s “implausible” claims that the start-up’s founder was instructed by the mining giant’s IP manager to access and delete certain documents after his resignation, as it defends allegations that search orders it won over the alleged misappropriation of its confidential information were based on weak evidence.
Start-up Element Zero has attacked search orders won by Fortescue over the alleged misappropriation of the mining company’s confidential information by three former employees, calling the orders an “industrial scale forensic debacle” won on weak evidence and the failure to disclose material information.
A judge appears reluctant to allow Element Zero to cross-examine an external lawyer hired by mining company Fortescue over alleged “egregious material non-disclosure” during Fortescue’s bid for “extreme and unorthodox” search orders against the green startup’s founders.
It would only have been possible for start-up Element Zero to deliver an operational green iron prototype in two years with its assumed funding with the help of a “substantial amount of information” on how the project should progress, metals giant Fortescue claims.