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United States Fourth Circuit


Othentec Ltd. v. Phelan, 06-2297

In an action raising claims under the Virginia Computer Crimes Act and the Virginia Uniform Trade Secrets Act, summary judgment for defendants is affirmed where: 1) plaintiffs failed to present evidence that defendant had used a computer to withdraw funds he was not authorized to withdraw for an illegal or unauthorized purpose; and 2) plaintiffs did not present sufficient evidence to show that defendants were using plaintiffs' trade secrets in their manufacturing process.

Appellate Information

  • Decided 05/12/2008
  • Published 05/12/2008

Judges

  • Before NIEMEYER and SHEDD, Circuit Judges, and PATRICK MICHAEL DUFFY, United States District Judge for the District of South Carolina, sitting by designation.

Court

  • United States Fourth Circuit

Counsel

  • For Appellees:
  • ARGUED:  Jerry William Boykin, Womble, Carlyle, Sandridge & Rice, Tysons Corner, Virginia, for Appellants.  John F. Mardula, Roberts, Mardula & Wertheim, L.L.C., Reston, Virginia, for Appellees. ON BRIEF:  Virginia W. Hoptman, Erin L. Roberts, Womble, Carlyle, Sandridge & Rice, Tysons Corner, Virginia, for Appellants.  Shauna M. Wertheim, Roberts, Mardula & Wertheim, L.L.C., Reston, Virginia, for Appellees.
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