United States First Circuit

In a suit by a manufacturer of plastic packaging products against a watch and electronics manufacturer involving claims of misappropriation of trade secret, unfair trade practices, breach of contract, and implied contract: 1) judgment as a matter of law (JMOL) on the trade secret claim is affirmed where there was no evidence to support plaintiff's argument that it took reasonable steps to preserve the secrecy of the design in question; 2) JMOL on the implied contract claim is affirmed where plaintiff offered no evidence as to the actual value of the services provided; 3) denial of JMOL on the express contract claim is affirmed where there was sufficient evidence for the jury to find that a contract existed; 4) there was no evidence of coercion, fraud, abusive litigation, or similar behavior by defendant, thus the judge was correct to deny punitive damages for plaintiff on the unfair trade practices claim; and 5) the district court did not abuse its discretion in denying defendant's motion for a new trial based on unfair surprise.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Sandra J. Staub, with whom Allison, Angier & Bartmon LLP were on brief, for plaintiff-appellant/cross-appellee., Timonth W. Mungovan, with whom Stephen M. LaRose and Nixon Peabody LLP were on brief, for defendant-appellee/cross-appellant.