Eli Lilly Wins SJ in Migraine Tracking Trade Secrets Case
According to court filings, in 2018, both the plaintiff and defendant were in the process of developing mobile phone applications that were intended to help patients with tracking and treating migraines. Due to the similarities in their work, defendant Eli Lilly reached out to the plaintiff to discuss a potential partnership. The parties allegedly subsequently provided each other with confidential information regarding each of their mobile phone applications.
Monster Energy Wins $293 Million False Ad Award Over Bang Energy
Energy drink maker Monster Energy Co. was awarded $293 million in damages by a California federal jury in a false advertising and trade secrets case against the maker of Bang Energy and its CEO Jack Owoc over the drink’s “super creatine” branding—with the potential for more to come.
The jury awarded $272 million for the false advertising claim, $18 million for tortious interference, and $3 million for the trade secret claim, according to Monster’s co-lead trial counsel Moez Kaba of Hueston Hennigan LLP.
Two Circuit Courts Award Millions in Damages in Trade Secrets Cases, Utilizing Different Valuation Methods
Trade secret law affords plaintiffs flexibility in fashioning a damages calculation. As detailed in the Defense of Trade Secrets Act, remedies can include (1) injunctive relief, (2) damages for the plaintiff’s actual loss, (3) damages for unjust enrichment of the defendant, (4) assessment of a reasonable royalty for use of the trade secret, payable to the plaintiff, and (5) exemplary damages for up to two times the amount of an actual damages award. 18 U.S.C. § 1836(b)(3). The Third and Fifth Circuits recently illustrated how very different measures can be used depending on the facts.
Deloitte-Sagitec Trade Secret Case Delays Jobless Aid Fixes
The federal indictments of key executives at technology company Sagitec Solutions could delay or derail state efforts to modernize unemployment insurance systems, including in Kentucky, Ohio, and Texas.
Two Sagitec executives—David Gerald Minkkinen and Sivaraman Sambasivam—face federal charges alleging they took trade secrets from the UI processing system at Deloitte LLP, where they previously worked, used them to build Sagitec’s UI products, and lied to federal investigators about it.
Peloton’s Lawsuit Against Lululemon Dismissed by Judge
As a refresher, though lululemon and Peloton previously partnered for apparel collaborations, Peloton launched their own private label line, Peloton Apparel, in September of 2021. As part of this, Peloton terminated their relationship with lululemon. At the time both companies maintained that the ending of the relationship was amicable. Yet just two months later lululemon sent Peloton a cease and desist letter claiming that five Peloton products were infringing upon lululemon’s design patents.
Kappa Sushi Operating Firm President Arrested for Illegally Obtaining Fata of Rival Firm
The Metropolitan Police Department believes that the Yokohama-based Kappa Create Co. President Koki Tanabe and two others — an executive at the firm and a Hama-Sushi employee who was formerly Tanabe’s subordinate — violated the Unfair Competition Prevention Law.
The three are suspected to have taken data on trade secrets, such as the prices paid by Hama-Sushi to procure foodstuffs, multiple times in October 2020, just before Tanabe transferred to Kappa Create.
