Wednesday, November 7, 2007

Trade Secrets: iRobot vs. Robotic FX

Thanks to Trade Secrets Blog for reminding me about this case. That blog points out that the good work that Xconomy is doing on reporting on the case. Saying Ahed’s Destruction of Evidence “Profoundly Undermines” His Credibility, Judge Issues Partial Injunction Against Robotic FX—Much of Record Sealed is the Xconomy article.

Xcomony reports the court's questions about witness credibility. Trade Secrets Blog emphasizes this point and it is a good point for emphasis. In my trial practice, I tell my clients and witnesses that everything turns on that person's credibility.

Back to the Trade Secrets Blog's article, Departed Employee's Lack of Credibility Key to Robot Injunction:
Robotic FX has three big problems at this point: (a) the judge assigned to their case thinks they created their company's product using the secrets of another company; (b) their key witness isn't someone who is credible; and (c) the cash flow that was supposed to come in from the Pentagon is now gone. They're facing legal and actual destruction at this point.

I emphasized that portion of the last sentence because therein lies the importance of trade secrets for both sides of the issue.

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