In Aqua-Lung America, Inc. v. American Underwater Products, Inc., 2010 WL 2991512 (N.D. Cal. July 28, 2010) (slip op.), plaintiff moved for reconisderation of an order denying summary judgment on trade secret misappropriation claim for trade secret misappropriation. Judge Richard Seeborg of the Northern District of California held that relying on evidence from an economic expert, joined with evidence that plaintiff was in possession of the alleged trade secrets and that it was able to bring its devices to market in advance of defendants, allows sufficient inferences to support the existence of triable issues of fact as to the trade secrets claim. The court denied reconsideration.
Evidence of Possession of Alleged Trade Secret and Ability to Bring Devices to Market Faster Than Claimant Sufficient to State Claim