Intellectual Property & trade Secrets

Presided over 30-day court trial on claim of misappropriation of trade secrets. The trade secret “product” was a software algorithm. Start-up company entered into a memorandum of understanding with large foreign company for product’s development and commercialization. Instead, the large foreign company usurped this concept, and filed U.S. patents thereon; thus, allegedly precluding any further use or sale of the concept product by the start-up company for itself or others. Case presented issues of first impression on proof and specificity of misappropriation of trade secrets and what can constitute a protectable “trade secret”. Trial court decision upheld on appeal.

Presided over three-month jury trial, in multi-million-dollar dispute between Japanese pharmaceutical company and a Swiss pharmaceutical company for the tort of intentional interference with contractual relations with a California FDA-approved drug testing company. Defendant developed and sold the only FDA-approved drug for treatment of a deadly pulmonary condition. Plaintiff had an existing drug approved for treatment of another disease, and was now working to obtain FDA approval for use of that existing drug for the treatment of that same deadly pulmonary condition. This required human trials of the drug in the United States in order to get FDA approval. Defendant purchased the US testing company and stopped all FDA drug trials of Plaintiff’s product. Presented issue of first impression as to whether one can be held liable for the tort of intentional interference, or whether liability is extinguished, where the defendant acquires a corporate party to the subject contract. Jury and court trial decisions upheld on appeal.