21 results for 'cat:"Trade Secrets" AND cat:"Business Practices"'.
J. Guzman finds that a company guilty of misappropriation of trade secrets committed misappropriation willfully and maliciously, but does not award exemplary damages even though they would be warranted. Punitive damages have already been awarded, so exemplary damages run the risk of being unfairly duplicative.
Court: USDC Massachusetts, Judge: Guzman, Filed On: April 10, 2024, Case #: 4:21cv10572, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, Damages, business Practices
J. Connolly properly denied the fabric manufacturer's motion to dismiss counterclaims brought by a solar shade maker in a copyright dispute over the weaves, patterns, and colors co-produced by the companies in their 30 year partnership. The solar shade maker's counterclaims sufficiently plead that the restrictive covenants in the parties' agreements were enforceable. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: March 27, 2024, Case #: 01744, Categories: trade Secrets, business Practices, Contract
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Per curiam, the appellate division finds that the lower court properly denied the plaintiff child early development business's motion for partial summary judgment on its breach of fiduciary duty and breach of good faith claims against former employees who started a rival business. It is not against the law to secretly incorporate a competitive business prior to leaving an employer, but issues of material fact remain as to whether the employees used the employer's time, facilities or proprietary secrets to do so. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: 01251, Categories: Employment, trade Secrets, business Practices
J. Kim partially grants the sued spinal implant manufacturer’s motions in limine against the suing spinal implant manufacturer. This dispute over two competing “expandable cage” spinal implant products that perform the same function will go to jury trial in January 2024. The suing manufacturer accuses the defendant of stealing its design. The court, on the defendant’s motion, bars the suing manufacturer from producing “ambiguous, misleading or new evidence of alleged trade secret misappropriation,” as well as making other claims about the defendant’s product. The court will allow other controversial materials and topics, such as the actions of the defendant’s parent company, to be brought up at trial.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: December 11, 2023, Case #: 1:19cv7092, NOS: Other Contract - Contract, Categories: trade Secrets, Interference With Contract, business Practices
J. Berger denies the equipment repair and manufacturing company's preliminary injunction to stop a former employee who started a competing company from using confidential information he obtained to reverse engineer decanter centrifuges, conducting business with its existing clients, and soliciting employees. The company cannot establish a "clear showing" of "irreparable harm" by the former employee's use of the equipment drawings in his business.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: October 13, 2023, Case #: 2:23cv440, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, business Practices, Injunction
J. Conrad partially grants a former CEO of a data analytics firm that he founded his motion to dismiss an apparent claim of disgorgement because it is actually a request for a remedy in this trade secrets suit brought by the firm. The CEO suggested beginning a subsidiary of the firm based in China because the firm was struggling to succeed in that market. The CEO then secretly began a separate, Chinese-based company without notifying the firm’s board. Although he is granted dismissal as to engorgement, he is denied as to unjust enrichment for the profits he secretly made for years before the firm’s board found out.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: September 29, 2023, Case #: 3:22cv683, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, business Practices
J. Mahan grants the masonry marketing firm’s motion for summary judgment in this dispute arising from an alleged breach of contract brought by the masonry manufacturer. The manufacturer alleges the marketer solicited the manufacturer’s customers and claimed he was still working with the manufacturer when bidding for a contract with the Orlando Airport after the agreement was rescinded. The plain language of the agreement states that the marketer is free to perform other services for other parties and does not contain any provision restricting competition.
Court: USDC Nevada, Judge: Mahan, Filed On: August 23, 2023, Case #: 2:19cv2213, NOS: Other Contract - Contract, Categories: trade Secrets, business Practices, Contract
J. Gallagher grants dismissal of a counter motion of misappropriation of trade secrets allegations brought by a landscaping company against a competitor. The counter movant claims its information was compromised when a former employee accessed a current employee’s email at the request of the competitor. However, the only breaches were a customer list and staff payment information, which do not amount to trade secrets.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 16, 2023, Case #: 1:22cv176, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Commerce, trade Secrets, business Practices
J. Aspen grants the plaintiff medical technology company’s motion for an injunction against the defendant medical tech firm and three of the plaintiffs’ former employees, which it poached, barring the sued firm from marketing X-ray tubes it made using the plaintiff’s proprietary information. The court also grants the suing firm over $2.4 million in attorney fees.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: July 13, 2023, Case #: 1:19cv2648, NOS: Other Statutory Actions - Other Suits, Categories: trade Secrets, business Practices, Attorney Fees
J. Agee finds the lower court properly granted judgment to the plaintiff software protection company. The defendant software protection company failed to show any evidence despite accusing the plaintiff software protection company of engaging in unlawful conduct related to the content of the defendant software protection company's vulnerability database. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: June 15, 2023, Case #: 22-1812, Categories: Copyright, trade Secrets, business Practices