United States First Circuit

In plaintiff's action for unfair competition against its competitor, involved in the life sciences equipment market, arising from hiring of plaintiff's employee, district court's judgment is affirmed where: 1) district court had proper jurisdiction over plaintiff's claims; 2) court did not err in refusing to dismiss the claims against defendants in Rhode Island for improper venue, nor did the court abuse its discretion in denying defendant's motion for transfer of venue; 3) defendants failed to demonstrate that a non-competition provision in an Employee Agreement is unenforceable, and as such, defendant's argument that they could not have interfered with the Employment Agreement fails; 4) defendant need not have shown that either the employee or defendant used plaintiff's trade secrets, as disclosure or acquisition is sufficient to constitute misappropriation, subjecting defendant to liability for actual loss and unjust enrichment; 5) viewed in the light most favorable to the verdict, the evidence supports the damage award; and 6) district court did not err in its evidentiary rulings as defendant failed to preserve some of its claims and failed to adequately develop others.

Appellate Information

• Decided 10/22/2009
• Published 10/22/2009

Judges

• WOODCOCK, District Judge., Before LIPEZ and HOWARD, Circuit Judges, and WOODCOCK, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• E.P. Michael Karcis with whom Mark A. McLean, McLean & McLean LLP, Bruce W. Gladstone, and Cameron & Mittleman LLP were on brief for appellants.


• For Appellees:
  
• Stacey P. Nakasian with whom Duffy & Sweeney, Ltd., Craig M. Scott, and Scott & Bush, Ltd. were on brief for appellee.