Posts Tagged ‘Oracle’

Northern District Notes That Trade Secret Law Allows Recovery of Saved Development Costs

In Damages, Remedies, Unjust enrichment on September 9, 2010 at 7:37 am
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In a non-trade secrets intellectual property case, The Northern District of California noted, in dictum, that “trade secret law allows recovery of saved development costs.”  Oracle Corp. v. SAP AG, No. C 07-1658 PJH, — F.Supp.2d —-, 2010 WL 3258603, *14 (N.D. Cal. Aug. 17, 2010). Read the rest of this entry »


HP Sues Former CEO Mark Hurd for Threatened Misappropriation of Trade Secrets

In Breaking News on September 8, 2010 at 11:21 am
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Hewlett-Packard Company filed suit yesterday against its former CEO, Mark V. Hurd in Santa Clara County Superior Court.  Hewlett-Packard Co. v. Hurd, 110CV181699 (Filed Sept. 7, 2010).  HP alleges that in “his new positions, Hurd will be in a situation in which he cannot perform his duties for Oracle without necessarily using and disclosing HP’s trade secrets and confidential information to others.” Id. ¶ 1. “HP is informed and believes . . . that Hurd, the former Chairman of the Board, Chief Executive Officer, and President of HP, is violating and will continue to violate his legal obligations and express contractual obligations owed to HP to affirmatively maintain the confidentiality of HP’s trade secrets and confidential information.”  Id. ¶ 4.  HP seeks injunctive relief and “other” damages.  Id. ¶ 3.

Specifically, HP seeks the following relief: Read the rest of this entry »

Saved Development Costs Available as Measure of Damages

In Remedies on August 22, 2010 at 11:55 am
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Judge Phyllis J. Hamilton of the Northern District of California issued an order this week on motions for partial summary judgment in Oracle Corp. v. SAP AG, et al., No. C 07-1658 PJH, 2010 WL 3258603 (N.D. Cal. Aug. 17, 2010) (slip op.).   In considering whether recovery of “saved development costs” is an available measure of damages, the court  distinguished Ajaxo, Inc. v. E*Trade Group, Inc., 135 Cal. App. 4th 21 (2005);

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