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  • The RiteScreen Co. LLC v. White

    Publication Date: 2024-02-23
    Practice Area: Trade Secrets
    Industry: Construction | Manufacturing
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:23-CV-00778

    Plaintiff moved to dismiss defendant employer's counterclaims and court found defendant employer waived its argument for commercial disparagement, plaintiff's communication regarding the litigation and a temporary restraining order was protected by the fair reporting privilege and defendant failed to state a claim for tortious interference with existing and prospective contractual relationships. Motion granted.

  • Meridian Bank v. Sandy Spring Bank

    Publication Date: 2023-12-18
    Practice Area: Trade Secrets
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3951

    Bank defendants in plaintiff's fraudulent concealment, trade secret misappropriation, tortious interference with contractual relationships and inducement of breach of the duty of loyalty action argued court lacked personal jurisdiction over them and venue was improper and court found the "closely related party" doctrine applied, it had jurisdiction and venue was proper. Motion denied.

  • W. Shore Home LLC v. Graeser

    Publication Date: 2023-03-27
    Practice Area: Trade Secrets
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-499

    Defendants, plaintiff's former employees and plaintiff's competitor, moved to dismiss plaintiff's misappropriation of trade secrets claims and court found the action was exempt from compulsory arbitration by the terms of the arbitration provision in one former employee's employment agreement, plaintiff sufficiently pled misappropriation of trade secrets and tortious interference against competitor but that court lacked jurisdiction over plaintiff's breach-of-contract claims against other former employee. Motions denied in part and gra

  • Diamond Design, Inc. v. Blair

    Publication Date: 2022-12-19
    Practice Area: Trade Secrets
    Industry: Retail
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-10757

    Court affirmed the jury's verdict in a claim arising out of trade secret information contained on a customer list defendants had taken and used without plaintiffs' permission. Although defendants argued that a customer list did not constitute a "trade secret," the court disagreed and pointed to Pennsylvania Supreme Court precedent to the contrary. The court further affirmed the award of attorney fees finding them reasonable given the amount of litigation and work involved.

  • West Chester Design Build, LLC v. Moses

    Publication Date: 2022-11-21
    Practice Area: Trade Secrets
    Industry: Construction
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1911

    Defendants moved to dismiss plaintiff's Defend Trade Secrets Act and interference with prospective business relationships allegations in plaintiff's action asserting tortious interference with prospective business relationships, unfair competition, breach of the duty of loyalty and misappropriation of trade secrets in violation of the Pennsylvania Uniform Trade Secrets Act and the federal DTSA and court dismissed the DTSA claim because plaintiff did not identify any specific client or project it had outside of Pennsylvania or even gen

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Robson Forensic Inc. v. Shinsky

    Publication Date: 2022-05-09
    Practice Area: Trade Secrets
    Industry: Consulting
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0517

    Plaintiff moved for a TRO and expedited discovery in its breach of contract, misappropriation of trade secrets under the Defend Trade Secrets Act and Pennsylvania Uniform Trade Secrets Act and tortious interference with contract action and court found plaintiff failed to carry its burden of proof as to misappropriation of trade secrets, as to whether the noncompete agreement was supported by new and valuable consideration and was reasonable as to scope, time and geography and failed to show irreparable harm or good cause for expedited

  • Arnold's Office Furniture, LLC v. Borden

    Publication Date: 2022-03-14
    Practice Area: Trade Secrets
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0289

    Reasonable juries could disagree as to whether plaintiff's customer and pricing lists were trade secrets where the company admitted using third party sources to obtain such information but also produced evidence that the information was not publicly available and that the company spent substantial money to obtain it. The court denied the parties' motion for summary judgment.

  • PetroChoice Holdings, Inc. v. Orobono

    Publication Date: 2022-01-31
    Practice Area: Trade Secrets
    Industry: Energy | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0096

    Plaintiff moved for summary judgment in its action against defendant former employee for violating the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, misappropriating trade secrets and breach of contract and court found defendant was liable for violating DTSA and PUTSA but whether he acted willfully was a question of fact for the jury and court also denied summary judgment on plaintiff's breach of contract and unjust enrichment claims. Motion granted in part and denied in part.

  • Mallet & Co, Inc. v. Lacayo

    Publication Date: 2021-11-01
    Practice Area: Trade Secrets
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1260

    Defendants challenged the preliminary injunction granted in plaintiff's trade secret misappropriation under federal and state law, conversion, unfair competition and tortious interference with contractual relations action and court found district court did not identify with specificity the information it found to be plaintiff's trade secrets and there was no basis to uphold district court's grant of injunctive relief. Motion granted.

  • Le Tote Inc. v. Urban Outfitters, Inc.

    Publication Date: 2021-07-12
    Practice Area: Trade Secrets
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Tucker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0785

    Defendant moved to dismiss plaintiff's action over defendant's launch of a competing product after investigating and rejecting the idea of acquiring plaintiff and court found plaintiff properly alleged conduct constituting violations of the federal Defend Trade Secrets Act and Pennsylvania Uniform Trade Secrets Act as well as misappropriation of trade secrets, breach of contract and unfair competition. Motion denied.