Trade Secret Litigation

BMC v. Neon Systems, et al. and John Moores. Lead counsel representing defendants in this trade secret misappropriation case in state district court in Austin, Texas. Plaintiff asserted dozens of trade secrets related to various software techniques and products. After several motions for summary judgment, we obtained settlement on an initial list of trade secrets which included dismissal with prejudice and payment by plaintiff to the individual employee defendants. Plaintiff asserted many more trade secrets, and discovery proceeded for several years. The case ultimately settled with a dismissal with prejudice of Plaintiff's trade secret claims and Defendant's antitrust counterclaims which required plaintiff to pay Defendant $38.5 million and agree to license technology from Defendant.

Simcoe v. Cilco Represented Cilco, Inc. (Later Cooper Companies) in a breach of contract/trade secret case filed by Dr. Simcoe alleging that Cilco had failed to pay royalties due under a contract for novel intraocular lens designs, filed in Tulsa, Oklahoma federal court. I was second chair and responsible for all pretrial discovery, briefing and motion practice. The case settled in our client's favor shortly after we exhumed the body of a patient in which Dr. Simcoe claimed to have implanted one of his "novel" designs, only to discover a conventional, off-the-shelf lens.

Betz Laboratories v. Petrolite, Inc. Represented Petrolite in a trade secret/employee raiding case filed in federal district court in Gary, Indiana. The technology involved related to water treatment chemicals used in industrial manufacturing facilities. I was second chair, and responsible for most pretrial activity, including depositions and briefing. We were successful in resisting a preliminary injunction, and the case was ultimately dismissed in our client's favor.

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