Reasonable Measures

Imagine suing your former graduate students for stealing trade secrets to the tune of $849M in damages, but losing the case and having to pay them $26.6M. SigmaPharm Laboratories v. ex-employees is a highly unusual case that touches on a wide range of issues from promises of start-up equity to employees leaving to work on similar technologies. You won’t find many cases with these fact patterns!

Additional reading:

https://www.proskauerontradesecrets.com/2024/05/employee-mobility-and-trade-secrets-in-the-golden-era-of-life-sciences-innovation/

https://www.law.com/thelegalintelligencer/2024/05/06/group-of-fired-scientists-win-26-6m-bucks-county-verdict-on-counterclaims-against-ex-employer/

Zunum thought they had the perfect partner. Boeing cheated and left them at the alter.

Tim & Chris pick apart the recent Zunum decision where they were awarded $81.2 million total on the trade secrets misappropriation claims and an additional $11.6 for tortious interference. The jury also found that Zunum failed to mitigate about $20.8 million in damages, however, reducing the total award to about $72 million.

Here’s the case on Google Scholar:
https://scholar.google.com/scholar?scidkt=984552710791829331&as_sdt=2&hl=en

Further Reading:

https://www.iam-media.com/trade-secrets/article/partners-rivals-collaboration-contamination-perils-in-zunum-v-boeing

https://irwinip.com/2024/06/the-pitfalls-of-proprietary-information-boeing-hit-with-72m-trade-secrets-verdict/

We discuss how trade secret owners can use the ITC (International Trade Commission) as a way to block goods from being imported into the USA. This is an interesting, and very different, alternative to traditional lawsuits in state or federal court.

Tim and Chris turn their focus to the post FTC fight and the three cases looking to upend the ban on non-compete agreements.  They also take a peak at Jane Street vs. Millennium Management case where two ex-employees accused of stealing trade secrets.

Tim and Chris discuss an ongoing case, VANDA PHARMACEUTICALS v. United States, which highlights the potential trade secret misappropriation by an FDA

Tim and Chris talk about Plintron Technologies trade secret misappropriation case against some former executives, and Chris’s recent trip to India to spend time with our investor and partner Wipro and their legal services team.