Trade Secrets Litigation

Defended a leading international biotechnology company as enzyme supplier for an ethanol and animal feed maker against alleged breach of a confidentiality agreement and alleged trade secret claims via working with a plaintiff competitor. The case went to trial on the inevitable disclosure trade secret and NDA claims and the injunction demand, after which the court held that our client did not disclose or threaten to disclose any of the alleged trade secrets or proprietary information and granted full judgment in our client's favor.

Defended a global supply chain and manufacturing solutions provider in a DTSA action seeking injunctive relief and asserting claims for breach of contract, misappropriation of trade secrets, patent infringement, and unfair competition. Plaintiff voluntarily withdrew its complaint after limited discovery showed our client respected the asserted IP and played no role in the alleged theft by other defendants.

Represented a global consulting and actuarial firm as plaintiff in litigation before the US District Court for the District of Massachusetts alleging a competitor and two former client employees now employed at the competitor misappropriated trade secrets and infringed six patents licensed to our client. The dispute also concerned theft of trade secrets, violations of various commercial torts, and breach of contract claims. Prevailed on a motion for judgment on the pleadings to invalidate the patents under Section 101 and a motion of summary judgment on the trade secret claims. The case settled on the eve of trial, with defendants acknowledging infringement and validity of our client’s patents and agreeing to license the infringed technology.

Represented the developer of a touchless parking app regarding a breach of confidentiality, trade secret, and trademark case against its former president. Obtained a TRO and preliminary injunction against defendant’s proceeding with the acquisition of a third party (our client’s competitor/supplier), based in part on defendant’s misuse of confidential information. Obtained summary judgment on several claims. Sought a contempt order based on defendant’s violation of the preliminary injunction. After a five-day trial, the jury found the defendant liable on all counts and awarded our client US$1.5 million in compensatory damages and US$1 million in exemplary damages.

Represented a point-of-care diagnostics company as plaintiff in an international arbitration proceeding. After a five-day evidentiary hearing, the arbitration tribunal found the defendant breached the parties’ contract and its implied covenant of good faith and fair dealing, and misappropriated our client’s trade secrets under both federal and New York law. The tribunal awarded our client damages, costs, and attorneys’ fees and ordered defendant to stop making, using, offering for sale, or selling our client’s intellectual property.

Defended a multinational hardware and electronics corporation against a trade secret misappropriation claim brought by its former business partner alleging that our client misappropriated computer power management technology shared under a non-disclosure agreement and filed patents on that technology without the partner's knowledge and in violation of the NDA. The case was removed to the US District Court for the Northern District of California three weeks before trial was scheduled to commence in Santa Clara County Superior Court. The District Court denied a motion to remand, and ultimately granted summary judgment in our client’s favor. Plaintiff appealed the case to the Federal Circuit Court of Appeals, which determined that it lacked jurisdiction, and remanded to Santa Clara County Superior Court. On remand the court allowed a new summary judgment motion to proceed and ruled in our client’s favor following the reasoning of the District Court. The case was appealed to the California Court of Appeals.

Represented a leading environmental services company in a federal court action before the US District Court for the Eastern District of Washington against former client employees and their new competing business. Our client alleged claims under the Defend Trade Secrets Act, breach of contract, breach of duty of loyalty, and unjust enrichment. Obtained preliminary and permanent injunctions and a confidential settlement prohibiting further unfair competition and prohibiting the use and obtaining the return of all trade secrets at issue in the case.

Represented a senior executive hired from an international package transporter by a US multinational technology company accused of violating a noncompete and trade secret misappropriation. Successfully prevailed in preliminary injunction hearing.

Opposed summary judgment on claims for trade secret misappropriation, unjust enrichment, and conversion. Defendants attempted to avoid discovery obligations and moved for summary judgment. We prepared extensive evidence of defendants’ failures in discovery and affirmative evidence of their misappropriation to secure extended discovery, a new trial date, and denial of defendants’ summary judgment motion.

Represented a leading US natural gas company in a trade secret misappropriation claim before the US District Court for the Western District of Pennsylvania against a former employee relating to a patent obtained by the former employee which our client alleged was based upon misappropriated trade secrets. Successfully negotiated court-ordered mediation, allowing both parties to reach a settlement agreement.