United States Second Circuit

In an action involving trade secrets, district court's grant of preliminary injunction against defendant is vacated and remanded where plaintiff failed to demonstrate that it would suffer irreparable harm unless defendant was enjoined from disseminating its trade secrets. The district court was thus without authority to enjoin defendant from disclosing plaintiff's proprietary information to any third party and from entering into new contracts to sell the disputed air brake system.

Appellate Information

• Decided 03/09/2009
• Published 03/09/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before CABRANES and WESLEY, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• A. John P. Mancini (Vanessa M. Biondo, Christine M. Hernandez, and Daniel B. Kirschner, on the brief), Mayer Brown LLP, New York, NY, for Faiveley Transport Malmo AB., James C. Martin (Daniel K. Winters, Reed Smith LLP, New York, NY, and Colin E. Wrabley, Reed Smith LLP. Pittsburgh, PA, on the brief), Reed Smith LLP, Pittsburgh, PA, for Wabtec Corporation.