Trade Secret, NDA and Non-Compete

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Rep. Matters

Irwin IP lawyers have successfully protected trade secrets from unlawful misappropriation, and enforced non-compete agreements.  In doing so, Irwin IP lawyers not only saved their clients’ businesses, but made new law.

Irwin IP has also successfully defended its clients against claims of wrongful misappropriation and breach of non-compete agreements, preserving their ability to continue working and selling key product lines.

As with trademark and advertising matters, non-compete and trade secret matters also often require urgent attention in the form of a preliminary injunction or TRO proceeding.  We work around the clock to pursue or defend these matters.

This week, the United States District Court for the Central District of California (the “Court”) granted L’Oreal’s motion for terminating sanctions.  The litigation centers around L’Oreal’s alleged misappropriation of Metricolor’s trade secret, which is a first-generation system for storing, formulating, and dispensing hair coloring agents and additives.  The system…
On October 17, 2023, the Third Circuit held that Janssen Products, L.P. and Pharma Mar, S.A. (“Janssen”) could not immediately appeal the denial of its ex parte seizure application requesting the District Court of New Jersey (“District Court”) to seize various property.  In doing so, the Third Circuit found…
Holding all claims related to homemade bread failed as a matter of law, the 10th Circuit upheld summary judgment of no trade dress infringement and reversed verdicts for misappropriation and false advertising. Grandma Sycamore’s Home-Made Bread started tantalizing taste buds in Utah in 1979.  Leland Sycamore created the recipe,…

Representative matters of Irwin IP, or its lawyers, include:

B&P Littleford v. Prescott Machine.  Lead Counsel for Prescott Machine in copyright, trade secret, and trademark litigation against B&P Littleford regarding use of schematics for industrial mixing machines.

CFC v. Spectratek.  First-chair for Spectratek in a trade secret misappropriation defensive matter favorably resolved prior to preliminary injunction hearing.

Geannopulos v. Neurensic.  Lead counsel for an entrepreneur in a dispute with his former business partner regarding a restrictive covenant and valuation of stock options.

I.S.I. Claims Services v. Wherley.  First-chair for Wherley in a misappropriation of trade secrets and breach of restrictive covenant defensive matter in a multi-day preliminary injunction evidentiary hearing favorably resolved prior to court’s ruling.

Latanick v. Kimberly-Clark.  Trial counsel for Kimberly-Clark in trade secret defense jury trial, favorably resolved during trial.

Nobel Biocare v. Astra Tech, et al.  First-chair for Nobel Biocare, obtaining a preliminary injunction preventing client’s former salesman from contacting “high volume” customers after a two-day evidentiary hearing.

Opternative v. Warby Parker.  Lead counsel for Opternative in a misappropriation of trade secret and breach of non-disclosure agreement litigation wherein Irwin IP obtained several significant pre-trial victories.

PDC v. Ramberg, et al.  Trial counsel for PDC in a series of related actions involving several multi-day evidentiary hearings where our client asserted breach of restrictive covenants and trade secret misappropriation, Irwin IP obtained preliminary injunctions against the defendants and settlement where defendants discontinued business operations.

Shuffle Master v. MindPlay, et al.  Lead counsel for Shuffle Master, obtaining summary judgment on, and dismissal of, a trade secret counterclaim with the Court finding that 48 different purported trade secrets were either in the public domain, or not used.