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Posts Tagged ‘Source code’

Northern District Applies California Code of Civil Procedure § 2019.210 to Federal “Misappropriation of Business Ideas” Case

In C.C.P. § 2019.210 Pre-Discovery Disclosure, Common Law Misappropriation, Discovery, Patricia V. Trumbull on October 11, 2010 at 8:20 am
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In a federal case, the Northern District of California applied a California rule of procedure, California Code of Civil Procedure 2019.210, in ordering a plaintiff to identify its allegedly misappropriated business ideas.  Interserve, Inc. v. Fusion Garage Pte Ltd., No. C-09-05812 RS (PVT), 2010 WL 3931100 (N.D. Cal. Oct. 6, 2010) (slip op.).  But after the court dismissed without leave to amend plaintiff’s tort claim for “misappropriation of business ideas”, the court rejected defendant’s challenge to the sufficiency of the disclosure as moot.  Id. *2

Background

Defendant Fusion Garage PTE, Ltd. brought a renewed motion for a protective order pursuant to California Code of Civil Procedure Section 2019.210 and Rule 26(c), contending that Plaintiffs Interserve, Inc., doing business as TechCrunch and CrunchPad. failed identify their misappropriated business ideas with any specificity.  Id. *1.  Plaintiffs alleged claims for (1) misappropriation of business ideas; (2) false advertising; (3) breach of fiduciary duty, and (4) fraud.

Defendant asserted the following deficiencies with plaintiffs disclosure: Read the rest of this entry »

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Northern District Applies Cal. Code Civ. Proc. § 2019.210 Pre-Discovery Disclosure Requirements

In C.C.P. § 2019.210 Pre-Discovery Disclosure, Discovery on September 11, 2010 at 10:12 am
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The Northern District applied California’s trade secret disclosure procedure, and found Plaintiff’s disclosure partially sufficient.  M.A. Mobile Ltd. v. Indian Institute of Technology Kharagpur, No. C08-02658 RMW (HRL), 2010 WL 3490209 (N.D. Cal. Sept. 3, 2010) (slip op.). Read the rest of this entry »

Northern District Dismisses UTSA Cause of Action for Source Code Partially Filed With Copyright Office

In Copyright, Motion to Dismiss on September 9, 2010 at 8:29 am
The source code for Ctrl-Alt-Del
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The Northern District dismissed a California Uniform Trade Secrets Act (UTSA or CUTSA) cause of action in a software code distribution case for failure to adequately allege secrecy. Kema, Inc. v. Koperwhats, No. C-09-1587 MMC, 2010 WL 3464708 (N.D. Cal. Sept. 1, 2010) (slip op.). Read the rest of this entry »

Orrick Wins 6-Year Long Misappropriation of Trade Secrets Battle for Intel

In California Appellate Opinions on August 20, 2010 at 1:13 pm
SANTA CLARA, CA - JULY 15:  An Intel sign is d...
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On Wednesday, the California Supreme Court denied review of Sivaco Data Systems v. Intel Corp., 184 Cal. App. 4th 210, 109 Cal. Rptr.3d 27 (Cal. Ct. App. 6th Dist. Apr. 29, 2010), ending a six-year long trade secret misappropriation battle.

Plaintiff Silvaco Data Systems (Silvaco) sued defendant Intel Corporation (Intel) alleging that Intel had misappropriated certain trade secrets used by Silvaco in its software products. Id. *215.  The gravamen of the dispute was that Intel had used software acquired from another software concern with knowledge that Silvaco had accused that concern of incorporating source code, stolen from Silvaco, in its products. Id. **215-16. Read the rest of this entry »