A Delaware Superior Court judge has dismissed a breach-of-contract suit alleging that private equity firm Morgenthaler Partners breached a non-solicitation provision by recruiting two key executives from a company it had sold back in 2012.

Judge Abigail M. LeGrow on Thursday ruled that the claims by plaintiff P&TI Acquisition Co. failed because the firm had failed to show that managers associated with a Morgenthaler-related firm controlled the entities by virtue of either their voting or decision-making power.