Cases & Deals

DePuy Spine prevails in trade secret misappropriation action against former employees

Clients Johnson & Johnson

On July 12, 2012, the Cuyahoga County Court of Common Pleas in Cleveland, Ohio, granted a request by DePuy Spine Sales Limited Partnership to preliminarily enjoin three former sales representatives from competing in their former sales territory and ordered the destruction of misappropriated trade secret materials retained by the former employees and their new employer. The case before the Court includes claims against the former employees for breach of contract, misappropriation of trade secrets and unfair competition against and claims of tortious interference of contract, misappropriation of trade secrets and unfair competition against the representatives new employer.

DePuy Spine, represented by Jones Day, moved the Court to enter a preliminary injunction and thereafter a hearing on the Motion occurred. DePuy Spine argued that the former sales representatives violated their non-compete and non-disclosure agreements by accepting employment with a competitor prior to the expiration of the contractual period and that they misappropriating trade secrets by retaining certain confidential materials and creating documents based on DePuy Spine's confidential information for their new employer. DePuy Spine also asserted that the new employer hired the former sales representatives and requested certain trade secret materials from them despite knowing of their non-compete and non-disclosure agreements. The Court found DePuy Spine established the necessary elements for a preliminary injunction and granted their request.

DePuy Spine Sales Limited Partnership v. Brian Marks, William Noltner, Sara Logsdon and K2M, Inc., Cuyahoga C.P. No. CV-12-779671

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