A New Jersey jury decided that two individual defendants violated their non-competition contractual commitments but that they owed no damages.  The trial court then denied the former employer’s motion to enjoin the individuals from continuing to compete.  A few days ago, the State’s Appellate Court held that there was a plausible explanation for these several results and affirmed.  Miles Technology,
Continue Reading New Jersey Appellate Court Affirms No Damages Award Against Individual Defendants In Non-Compete Case

By Paul Freehling

When the evidence of trade secret misappropriation and resulting substantial damages is compelling, defendants should expect to get hammered in court. A recent Massachusetts case is in point. There, despite a jury verdict for the defendants, the trial court entered judgment for the plaintiff which included a permanent injunction prohibiting the defendants from using the plaintiff’s manufacturing process trade

Continue Reading Massachusetts Judge Finds Statutory Trade Secrets Misappropriation, Despite Contrary Jury Verdict in Parallel Common Law Action, and Awards Plaintiff Draconian Injunctive Relief and Millions of Dollars in Damages, Fees and Costs

            When a defendant, sued by a former employer for misappropriating a manufacturing process that allegedly constituted a trade secret, denies that the process is confidential and files a counterclaim alleging that the plaintiff is engaged in sham litigation in order to stifle competition, is it appropriate for the court to instruct the jury that the evidence shows plaintiff does

Continue Reading Jury Must Decide Whether A Manufacturing Process That Is Disclosed In An Expired Patent And Is Not Concealed From Visitors To The Plant Constitutes A Trade Secret