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Contour Design, Inc v. Chance Mold Steel Company, Ltd

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Before Lynch, Chief Judge, Boudin and Howard, Circuit Judges.

This is an interlocutory appeal from a district court order preliminarily enjoining defendants-appellants Chance Mold Steel Company, Ltd. and EKTouch Company, Ltd. (“Chance”) from selling computer mouse products similar to or derived from those made by plaintiff-appellee Contour Design, Inc. (“Contour”). Because a merits trial has now been held and the preliminary injunction will shortly be superceded, only brief discussion is required.

Contour designs, manufactures, and sells ergonomic computer mice. In 1995, Contour contracted with Chance to manufacture its products in bulk. Contour’s founder, Steven Wang, chose Chance based on assurances that Chance would keep Contour’s product design information secret. The parties formalized that understanding in a non-disclosure agreement (“NDA”) dated June 15, 1995, which has a term of 20 years.

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