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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Trade Secret

Indiana Trade Secret Litigation Update – Precision Drone v. Channel Masters

24 Tuesday Mar 2015

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Breach of Contract, Larry J. McKinney, Litigation Update, Misappropriation of Trade Secrets, Tim A. Baker

Precision Drone, LLC designs and makes drones and software for use by farmers to monitor crops. According to the Complaint (see below), in September 2014, Precision made a deal with Channel Masters, LLC for Channel to purchase and resell the PaceSetter™ Drone in exchange for a commission on each drone and related parts sold. Precision gave Channel a demonstration drone and training manual and trained Channel’s agents on the use of the PaceSetter drone. As part of the Service Agreement, Channel agreed to not disclose confidential information and signed a non-compete. According to Precision’s complaint, Channel began working for AgriImage, a direct competitor in the agricultural drone market, and began promoting AgriImage drones instead of Precision drones.

At the Nebraska Power Farming Show in December 2014, Precision saw Channel’s agent, Tom Owen, using Precision images, training manual, and sales pitch to resell AgriImage drones. A picture of Mr. Owen using an image and “working the AgriImage booth” is Exhibit C in the court documents embedded below. Then, the very next day after the Nebraska farm show, Channel sent Precision a letter attempting to terminate the Service Agreement without cause. Precision has responded by filing a lawsuit for Breach of Contract and Misappropriation of Trade Secrets.

Precision Drone LLC v. Channel Masters LLC

Court Case Number: 1:15-cv-00476-LJM-TAB
File Date: Monday, March 23, 2015
Plaintiff: Precision Drone LLC
Plaintiff Counsel: John Stephen Terry, Russell B. Cate, and William Edwin Wendling, Jr., of Campbell Kyle Proffitt, LLP
Defendant: Channel Masters LLC
Cause: Breach of Contract, Misappropriation of Trade Secrets
Court: Southern District of Indiana
Judge: Judge Larry J. McKinney
Referred To: Magistrate Judge Tim A. Baker

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Indiana Copyright Litigation Update – Lake Lite v. Universal Forest Products et al

27 Monday Oct 2014

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana, Patent, Trade Secret

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Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Copyright Infringement, Jon E. DeGuilio, Litigation Update, Patent Infringement, Roger B. Cosbey, Unjust Enrichment, Violation of Indiana Uniform Trade Secret Act

This lawsuit arises from Defendants’ alleged infringement of copyrights and patents, as well as unauthorized use and misappropriation of Plaintiff’s trade secrets.

Lake Lite Inc. v. Universal Forest Products, Inc. et al

Court Case Number: 1:14-cv-00337
File Date: Friday, October 24, 2014
Plaintiff: Lake Lite Inc.
Plaintiff Counsel: Michael S. McIntyre
Defendant: Universal Forest Products, Inc., Universal Consumer Products, Inc., Maine Ornamental, LLC
Cause: Copyright Infringement, Patent Infringement, Breach of Contract, Breach of Implied Duty of Good Faith and Fair Dealing, Violation of Indiana Uniform Trade Secret Act, Unjust Enrichment
Court: Northern District of Indiana
Judge: Judge Jon E. DeGuilio
Referred To: Magistrate Judge Roger B. Cosbey

Complaint:

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Stories from the Week that Was – 10/16-10/22/11

23 Sunday Oct 2011

Posted by Kenan Farrell in Social Media, Stories from the Week that Was, Tech Developments, Trade Secret, Trademark

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Stories from the Week that Was – 10/16-10/22/11

McDonald’s sues China trademark body over logo dispute

Chinese man pleads guilty for U.S. trade secret theft

Obama announces full withdrawal from Iraq

NATO Commander Announces End to Libyan War Over Facebook

How Recruiters Use Social Networks to Screen Candidates

“The idea of copyright did not exist in ancient times, when authors frequently copied other authors at length in works of non-fiction. This practice was useful, and is the only way many authors’ works have survived even in part.” Richard Stallman

Indiana Scientist Pleads Guilty to Stealing Trade Secrets for China

19 Wednesday Oct 2011

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Cargill Inc., Dow Chemical Co., Intellectual Property, Kexue Huang, Misappropriation of Trade Secrets, Southern District of Indiana, U.S. Economic Espionage Act of 1996

Indiana companies can take an extra dose of comfort today knowing the Indiana courts and prosecutors are protecting their valuable intellectual property. A Chinese-born scientist pleaded guilty on Tuesday to stealing valuable trade secrets about pesticides and food products from two major U.S. companies and sending the information to China and Germany.

Kexue Huang, 46, worked at a Dow Chemical Co subsidiary from 2003 to 2008 in Indiana where he led a team of scientists developing organic insecticides and then later for another agribusiness giant, privately held Cargill Inc.

Huang pleaded guilty in the United States District Court for the Southern District of Indiana to one count of stealing trade secrets from Cargill and one count of engaging in economic espionage at Dow, only the eighth case charged involving the U.S. Economic Espionage Act of 1996.

Click here for the full Reuters story or the original indictment over a year ago.

For more information on protecting your valuable trade secrets: Creating a Trade Secret Policy

Indiana Trade Secret Litigation Update – Ray’s Trash Service, Inc. v. Robert Miller et al

28 Thursday Oct 2010

Posted by Kenan Farrell in Indiana, Intellectual Property, Litigation, Southern District of Indiana, Trade Secret

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Breach of Contract, Breach of Fiduciary Duty, Computer Trespass, Conversion, Debra McVicker Lynch, Litigation Update, Misappropriation of Trade Secrets, Replevin, Tanya Walton Pratt, Tortious Interference with Contractual Business Relations

Ray’s Trash Service, Inc. v. Robert Miller et al

The Defendant individuals were former employees of Plaintiff, Ray’s Trash Service, Indy’s largest recycling and waste disposal operation. Following their resignation, the Defendants allegedly entered into a campaign to solicit Plaintiff’s customers, in violation of non-compete and non-solicitation clauses from Plaintiff’s employment agreement.  Companies, do you have proper agreements in place with your key employees?

This case was removed from Hendricks County Superior Court.

Court Case Number: 1:10-cv-01302-TWP-DML
File Date: Monday, October 18, 2010
Plaintiff: Ray’s Trash Service, Inc.
Plaintiff Counsel: Christopher C. Murray, Todd J. Kaiser of Ogletree Deakins Nash Smoak & Stewart
Defendant: Robert Miller, Vicki Murphy, C&A Express, Inc., Todd Roberts
Defendant Counsel: William O. Harrington and Bettie Harrington on behalf of Robert Miller, Amanda L. Asbury and Anthony Scott Chinn on behalf of remaining Defendants
Cause: Replevin, Conversion, Breach of Contract, Breach of Fiduciary Duty, Misappropriation of Trade Secrets, Tortious Interference with Contractual Business Relations, Computer Trespass
Court: Southern District of Indiana
Judge: Judge Tanya Walton Pratt
Referred To: Magistrate Judge Debra McVicker Lynch

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