ALI-ABA Topical Courses Trade Secrets From the ... - ALI CLE

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48PRECEDENTIALUNITED STATES COURT OF APPEALSFOR THE THIRD CIRCUITNo. 10-1510BIMBO BAKERIES USA, INC.v.CHRIS BOTTICELLA,AppellantOn Appeal from the United States District Courtfor the Eastern District of Pennsylvania(D.C. Civil No. 2-10-cv-00194)Honorable R. Barclay Surrick, District JudgeArgued June 3, 2010BEFORE: SMITH, FISHER, andGREENBERG, Circuit Judges(Filed: July 27, 2010)
49Michael L. Banks (argued)Morgan, Lewis & Bockius LLP1701 Market StreetPhiladelphia, PA 19103Attorney for AppelleeElizabeth K. AinslieJoseph Anclien (argued)Schnader Harrison Segal & Lewis LLP1600 Market StreetPhiladelphia, PA 19103Attorneys for AppellantOPINION OF THE COURTGREENBERG, Circuit Judge,I. INTRODUCTIONThis matter comes on before this Court on aninterlocutory appeal from an order of the District Court datedFebruary 9, 2010, and entered on February 12, 2010, grantingappellee’s motion for a preliminary injunction. BimboBakeries USA, Inc. v. Botticella, No. 10-0194, 2010 WL2
Page 1: 47ALI-ABA Topical CoursesTrade Secr
Page 5 and 6: 51quality and cost, labor issues, a
Page 7 and 8: 53continued working for Bimbo notwi
Page 9 and 10: 55to work for a competitor. Moreove
Page 11 and 12: 57Following Botticella’s departur
Page 13 and 14: 59D. Procedural HistoryAfter Bottic
Page 15 and 16: 61consequently, also is the primary
Page 17 and 18: 63a. Information in Bimbo’s code
Page 19 and 20: 651. Air Products and Inevitable Di
Page 21 and 22: 67sale of on-site gas during his em
Page 23 and 24: 69regardless of those secrets’ te
Page 25 and 26: 71hired to provide information he o
Page 27 and 28: 73would be “virtually impossible
Page 29 and 30: 75preliminary injunction on its tra
Page 31 and 32: 77The Superior Court subsequently s
Page 33 and 34: 79have rested on its interpretation
Page 35 and 36: 815. Adverse Inference Based on Bot
Page 37 and 38: 83needed in the interim to protect
Page 39 and 40: 85which he or she is best suited.
Page 41 and 42: 87IN THE UNITED STATES DISTRICT COU
Page 43 and 44: 89made in their Rule 56.1 statement
Page 45 and 46: 91during Maremont’s absence, a gu
Page 47 and 48: 931125(a)(1)(A). As the Seventh Cir
Page 49 and 50: 95damages based on their representa
Page 51 and 52: 97Therefore, the Court denies both
Page 53 and 54:
99judgment as to Count III of the S
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101CONCLUSIONFor the these reasons,
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Case3:11-cv-03474-MEJ Document28 Fi
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Pure Power Boot Camp v. Warrior Fit
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Faiveley Transport Malmo AB v. Wabt
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139Sasqua Group, Inc. v. Courtney,
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