19 results for 'cat:"Trade Secrets" AND cat:"Injunction"'.
J. Nalbandian vacates the lower court's injunction against an insurance firm's former employee, finding the court failed to conduct the four-step analysis required under the Ohio Supreme Court's 1975 ruling in Raimonde v. Van Vlerah when it determined whether the insurance firm's non-solicitation agreement was enforceable. Although the client information taken by the employee was properly deemed a trade secret, the injunction's reliance on references to the non-solicitation agreement renders it defective.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 10, 2024, Case #: 23-3638, Categories: trade Secrets, Contract, injunction
J. Nelson grants the environmental management company's motion for a preliminary injunction for its complaint that its former employees misappropriated the company's trade secrets and solicited its employees and customers. The company will likely suffer irreparable harm without a preliminary injunction because the two former employees had access to the company's confidential information and trade secrets, including the company's customer database for multifamily customers, and they could misuse it.
Court: USDC Oregon, Judge: Nelson, Filed On: January 25, 2024, Case #: 3:23cv1004, NOS: Other Contract - Contract, Categories: trade Secrets, Contract, injunction
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J. Gwin denies the roofing company's motion for a preliminary injunction against its former sales employee, ruling none of the more than 2,000 files taken by the employee before he left to join a competitor constitute trade secrets because no proprietary software was stolen and any previous bid information was rendered useless by shifting material costs.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: January 8, 2024, Case #: 1:23cv1341, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, Contract, injunction
J. Brailsford denies a construction equipment rental and logistics company's motion for preliminary injunction to enjoin its competitor from using its customer database which it alleges was accessed by former employees who were hired by the competitor. The company has not shown a likelihood to succeed on the merits of its allegations that the competitor misappropriated its trade secrets, as it has not provided evidence that the competitor or its employees misappropriated the consumer database. The company offers no forensic evidence that former employees downloaded information from the database or accessed the database after their employment ended.
Court: USDC Idaho, Judge: Brailsford, Filed On: November 13, 2023, Case #: 1:22cv430, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, injunction
J. Bashant grants counter-claimant Viking Air's motion for a preliminary injunction enjoining Ikhana Group and Aevex Aerospace from marketing or selling any modification that increases the maximum take-off weight of Viking's 400 Series Twin Otter Aircraft in commuter operations. Viking has met its burden of demonstrating a likelihood of irreparable harm by alleging that Ikhana is using its trade secrets for commercial advantage and intends to continue using them. Meanwhile, the narrow injunction "will not pulverize Ikhana's existing business."
Court: USDC Southern District of California, Judge: Bashant, Filed On: November 7, 2023, Case #: 3:23cv1306, NOS: Other Contract - Contract, Categories: trade Secrets, Contract, injunction
J. Chen issues an expanded, amended injunction to prohibit a rival in the personal injury litigation business from servicing clients or disseminating the litigant’s client list after it was found to have given the list to help form a second rival in violation of the prior injunction. The two companies assist those asserted in personal injury complaints by accompanying the underlying litigants to independent medical examiners. The court finds the litigant’s customer list constitute trade secrets. As well, the court is prepared to find the defendant’s principal in contempt of court for violating the court’s orders and asks the litigant to submit additional documentation detailing the damages it suffered as a result.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: October 20, 2023, Case #: 1:22cv1032, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Contempt, trade Secrets, injunction
J. Cole grants in part the motion filed by a former employee and his new employer, a power company, to vacate or modify preliminary injunction for violating the company’s non-competition agreement. The power company has not been properly notified or had the chance to be heard because they were not a party at the time the preliminary injunction was issued. This court orders, adjudges and decrees the new preliminary injunction enjoining the employee and those parties in active participation with him from disclosing any documents from the former employer.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: October 18, 2023, Case #: 1:23cv352, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, Discovery, injunction
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. Martinez-Olguin denies the solar cell supplier's motion to dismiss the purchaser's suit against it alleging that it has used the purchaser's trade secrets and solicited other manufacturers to produce solar modules with its solar cells after the shutdown of the purchaser's module-manufacturing business, and partially grants the purchaser's motion for a preliminary injunction. The suppliers are enjoined from using, disclosing or reproducing the purchaser's trade secrets, but a motion to enjoin allegedly defamatory speech regarding the condition of the purchaser's business.
Court: USDC Northern District of California, Judge: Martinez-Olguin, Filed On: August 2, 2023, Case #: 3:23cv1181, NOS: Other Contract - Contract, Categories: trade Secrets, Defamation, injunction
J. Casper grants an insulation service company's motion to stop a former employee from violating contractual non-solicitation and confidentiality obligations. The former employee has already accepted work from one of the insulation company's prior customers on behalf of one of its competitors within a month of leaving the insulation service company, demonstrating a high likelihood of success for the company's misappropriation of trade secrets claim.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 21, 2023, Case #: 1:23cv11375, NOS: Other Contract - Contract, Categories: trade Secrets, Unfair Competition, injunction