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Elsevier Inc. v. Doctor Evidence LLC

Dismissal of DTSA Trade Secret Misappropriation Claim in Contract Breach Suit Is Explained

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OPINION & ORDER

*1 On July 7, 2017, plaintiff Elsevier Inc. (“Elsevier”) filed a suit against Doctor Evidence, LLC (“DRE”) for breach of contract. (ECF No. 1, Compl.) With its Answer, DRE filed four counterclaims for breach of contract, unjust enrichment, conversion, and misappropriation of trade secrets under the Defend Trade Secrets Act, 18 U.S.C. §1836 et seq. (ECF No. 22, Answer and Counterclaims.) On November 8, 2017, Elsevier filed a motion to dismiss DRE’s second, third, and fourth counterclaims for unjust enrichment, conversion, and violation of the federal Defense of Trade Secrets Act. (ECF No. 28, Mot. to Dismiss.)With leave of the Court — and Elsevier’s consent — DRE simultaneously submitted amended counterclaims and its opposition to Elsevier’s motion. (See ECF Nos. 33, 35, 36.) The Amended Counterclaims add some specificity to DRE’s allegations and replaced the conversion claim with a New York common law trade secrets misappropriation claim. DRE’s opposition memorandum and Elsevier’s subsequent reply memorandum were both addressed to the Amended

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