Nihon Kohden America, Inc. v. Astro-Med, Inc., No. 08-2334 - U.S. First Circuit
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Nihon Kohden America, Inc. v. Astro-Med, Inc., No. 08-2334

In plaintiff's case against its competitor, involved in the life sciences equipment market, for unfair competition arising from hiring of plaintiff's employee, district court's judgment is affirmed where: 1) district court had proper jurisdiction over plaintiff's claims; 2) court did not err in refusing to dismiss the claims against defendants in Rhode Island for improper venue, nor did the court abuse its discretion in denying defendant's motion for transfer of venue; 3) defendants have failed to demonstrate that the non-competition provision in the Employee Agreement is unenforceable, and as such, defendant's argument that they could not have interfered with the Employment Agreement fails; 4) defendant need not have shown that either the employee nor defendant used plaintiff's trade secrets, as disclosure or acquisition is sufficient to constitute misappropriation, subjecting defendant to liability for actual loss and unjust enrichment; 5) viewed in the light most favorable to the verdict, the evidence supports the damage award; and 6) district court did not err in its evidentiary rulings as defendant failed to preserve some of its claims and failed to adequately develop others. 

Read Nihon Kohden America, Inc. v. Astro-Med, Inc., No. 08-2334

Appellate Information

Appeal from the United States District Court for the District of Rhode Island

Decided October 22, 2009

Judges

Before: Howard, and Lipez, Circuit Judges, and Woodcock, District Judge

Opinion by Woodcock, District Judge

Counsel

For Appellant:  E.P. Michael Karcis, Mark A. McLean, McLean & McLean LLP, Bruce W. Gladstone, and Cameron & Mittleman LLP

For Appellee:  Stacey P. Nakasian, Duffy & Sweeney, Ltd., Craig M. Scott