Sunstein LLP is pleased to announce a significant win for client KPM Analytics in a trade secret lawsuit that was decided on May 17.
In KPM Analytics North America Corp. v. Blue Sun Scientific LLC et al., a Massachusetts federal jury found that KPM Analytics, a scientific equipment supplier, is owed $4.9 million for trade secret misappropriation, contract breaches, and unfair and deceptive trade practices. Sunstein attorneys John T. Gutkoski and Kevin R. Mosier represented KPM in the suit.
KPM sued Blue Sun Scientific LLC and its parent company, The Innovative Technologies Group & Co., in April 2021 for poaching key personnel, customer data and proprietary software. In August 2021, the United States District Court entered a preliminary injunction against both companies and four of KPM’s former employees now working at Blue Sun. Following a two-week trial on the merits, the jury found that Blue Sun unlawfully used KPM trade secret information and that it and the four former KPM employees stole trade secrets and violated non-disclosure agreements and good faith covenants. The four former employees and both companies were ordered to pay separate damages based on the severity of their wrongdoing.
“KPM Analytics takes seriously the protection of its trade secrets and commercial relationships,” John said. “KPM Analytics is pleased that the jury properly concluded that the various defendants misappropriated KPM’s trade secrets, interfered with KPM’s contracts, and engaged in unfair and deceptive conduct.”
John is a patent and intellectual property trial attorney at Sunstein who represents clients as lead trial counsel in life sciences and high technology matters. His extensive patent litigation experience includes representing pharmaceutical companies in Hatch-Waxman proceedings. He has tried numerous cases to judges and juries across the country, including representing clients successfully in Delaware, Texas, Illinois, Wisconsin, North Carolina, New Jersey, California, Massachusetts, New York and before the International Trade Commission. John’s cases have involved pharmaceuticals, radiotherapeutics, nanotechnology, medical devices, synthetic latex, optics, collagen production, intravenous pumps, banking and finance, semiconductors, analog and digital circuitry, smart phones, telecommunications, network architecture, imaging, sound waves, software, and electronic data.
Kevin focuses his Sunstein practice on intellectual property litigation. He has been involved in numerous patent litigations in both federal court and the International Trade Commission. He also has experience with trademark, trade secret, and contract litigation in both federal and state court.
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