Trade Secrets

Litigation involving misappropriation of trade secrets

Plaintiff alleges that defendants misappropriated plaintiff's trade secrets, including intellectual property contained in computer software. Defendants deny the allegations.

$26.5 million jury verdict in trade secrets case

The information technology subsidiary of HCA, Inc. sued our software developer clients for alleged trade secrets misappropriation. We filed a counterclaim for defamation and interference with prospective business relationships. Following a two-week jury trial, the jury returned a verdict in favor of our clients on the trade secret misappropriation claim and awarded them $1.5 million in compensatory damages and $25 million in punitive damages on their defamation counterclaims. The verdict was listed in The National Law Journal's Top 100 Verdicts of 2004.

E.S. Robbins Corp. v. Schwertner, CV 00-J-1254-NW (N.D. Ala.)

This case involved misappropriation of manufacturing process secrets belonging to the inventor of poly-coated livestock fencing, by the company’s former chief technical officer. The former was attempting to utilize the technology in a competing manufacturing operation with one of the company’s distributors. Following discovery and a multiple-day evidentiary hearing, the Court entered a seven-year permanent injunction in favor of the firm’s client and against the former employee and his new employer. The injunction was affirmed on appeal by the U. S. Court of Appeals for the Eleventh Circuit. The case was notable both for the length of the injunction granted, and for the fact that the case raised for the first time in Alabama the inevitable disclosure doctrine.

First Team Technology, Inc. v. Solid Earth, Inc., N.D. Fla. 2002

Represented defendant in copyright infringement case involving computer software. Settled after obtaining partial summary judgment on copyright infringement and trade secret claims.

Integrated Management Solutions, Inc. v. Smith, et al. (N.D. Ala.)

Represented plaintiff in asserting claims for copyright infringement and trade secret misappropriation.

Marketron International, Inc. v. OneDomain, Inc., CV 03-6465 (Cir. Ct. Jefferson Co., Ala.)

Represented defendants in this software case, alleging trade secret misappropriation and violation of noncompete agreements, brought against them by their former employer. Although an ex parte TRO was initially granted, the firm defeated plaintiff’s motion for preliminary injunction, and won summary judgment as to all claims. The Court also awarded defendants attorneys’ fees under the Alabama Litigation Accountability Act.

Molex Company, LLC v. Andress, 887 F. Supp. 2d 1189 (N.D. Ala. 2012) (denying opponent’s motion to dismiss in trade secrets lawsuit).

Nichols v. Tri-State Brick, et al. (Circuit Court of Hinds Co., Miss. and MS Supreme Court 1992-1994)

Successful defense of patent holder and licensor of manufacturing and construction process against unfair competition and trade secret claims; obtained summary judgment for client; affirmed on appeal. 

Ram Tool & Supply Co., Inc. v. HD Supply Construction, LTD d/b/a White Cap Construction Supply, et al., 2:11-cv-2010-LSC, U.S. District Court for the Northern District of Alabama

Following evidentiary hearing, defeated motion for preliminary injunctive relief filed against client by competitor in commercial construction supply business. Competitor claimed that former employees conspired with client to open competing branch using trade secrets. Competitor, which had obtained ex parte TRO temporarily blocking client’s branch from operating, sued for violations of state law trade secrets act, interference with business relations, breach fiduciary duties, and conspiracy.

Ram Tool Supply Co., Inc. v. White Cap Construction Supply Co., Case No. 2:11-CV-00210-LSC (N.D. Ala.)

Represented the defendants (former employees of plaintiff and their new employer) in an action alleging trade secret misappropriation. Following extensive discovery and a day-long evidentiary hearing, the U.S. District Court for the Northern District of Alabama denied plaintiff’s motion for preliminary injunction. The case was subsequently refilled in Tennessee state court, where defendants sought and won summary judgment.

SRS Technologies v. Physitron, CV 01-BE-0781-NE (N.D. Ala.)

Represented the plaintiff, a manufacturer of space-ready antennae technology, in this case alleging trade secret misappropriation by its former employee and a competitor. The case settled favorably, with consented injunctive relief, during the preliminary injunction hearing.

Bet-the-company litigation

Successfully defended numerous defendants in bet-the-company litigation involving allegations of trade secret misappropriation, breach of non-compete and non-disclosure agreements, and numerous state-law tort claims. After obtaining summary judgment on all counts and an attorney fee award, settled case favorably for clients on eve of trial of their counterclaims against original plaintiffs.

Report and testimony concerning misappropriation of trade secrets

Provided an report and testimony concerning misappropriation of trade secrets and the reasonableness of an award to the defendants of attorney’s fees in excess of $1 million.

Trade Secrets/Intellectual Property, Business Torts and Executive Liability

• Defended Danish construction company in litigation brought by a U.S. company asserting breach of license agreements governing sewer rehabilitation work in several European countries, fraud for alleged failure to pay royalties under those agreements, misappropriation of trade secrets in connection with the client’s manufacture of sewer liners in Denmark, and related business torts (obtained dismissal of all fraud claims, and case thereafter settled on mutually agreeable terms during trial)
• Successfully defended a senior restaurant executive in non-compete litigation brought by former employer (secured dismissal of all claims)
• Successfully defended sales managers in lawsuit filed by large nursing home company alleging unfair completion and violation of non-solicitation obligations (defeated application for temporary injunction and case thereafter dismissed)
• Successfully defended litigation brought by national insurance company against two former exclusive insurance agencies alleging various business torts and that retention of policyholder information constituted misappropriation of trade secrets and breach of fiduciary duty (defeated application for temporary injunction and all claims subsequently dismissed)
• Successfully defended former sales manager of company that sold Medicare Advantage plans in case asserting unfair competition and misappropriation of trade secrets (defeated two applications for temporary injunction and all claims later dismissed)
• Obtained judgment on behalf of a company that provides diagnostic laboratory services in a lawsuit against a former sales account executive and his new employer arising from the executive’s attempt to divert business to the competitor
• Represented Danish manufacturer of industrial machinery in successful resolution of patent infringement dispute with a U.S. company

Trademark opposition proceeding before Trademark Trial and Appeal Board

Won a trademark opposition proceeding in which the Trademark Trial and Appeal Board stated that the mark, SPACE CAMP, is “famous.”