Boeing asks court to dismiss Lockheed Martin allegations

Boeing has filed court documents in the US District Court in Orlando, Florida to dismiss nine counts in a civil suit brought against the company by Lockheed Martin.

Boeing officials have filed court documents in the US District Court in Orlando, Florida, to dismiss nine counts in a civil suit brought against the company by Lockheed Martin.

Lockheed filed a 23-count complaint against Boeing in June 2003, alleging that Boeing used Lockheed proprietary information to win launch contract awards under the US Air Force’s Evolved Expendable Launch Vehicle (EELV) program. The information is said to have included extremely sensitive and detailed cost and technical data regarding Lockheed’s EELV proposal.

Lockheed further alleged that acts committed by Boeing and three of its former employees constituted violations of the Federal and Florida Racketeer Influenced and Corrupt Organisations Act, Federal and Florida antitrust law, the Procurement Integrity Act and Florida’s Unfair and Deceptive Trade Practices Act.

Calling the suit an ‘effort to damage Boeing’s reputation through opportunistic litigation,’ Boeing’s filing aims to dismiss all racketeering and antitrust allegations.

According to George Muellner, Air Force Systems senior vice president and general manager for Boeing, ‘Lockheed Martin is trying to stretch alleged facts into violations of laws that do not fit this case.

‘We have said that Boeing acknowledges the improper conduct of a few of its employees in this matter,’ Muellner continued. ‘And, although we disagree with some of the specific Air Force findings, we are working with the Air Force to determine the best way forward.

‘While the company defends itself in court against the egregious claims by Lockheed Martin, we will continue to deliver on commitments to our customers,’ Muellner concluded.

Lockheed Martin is seeking compensatory damages, including triple and punitive damages, consequential damages, costs, return of all proprietary information, and injunctive relief against all defendants.

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