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Advanced Tech. Servs. Inc. v. KM Docs LLC

The trial court did not err in granting summary judgment to the defendants on the plaintiff's claim that its former employee and lead software developer violated a trade secrets agreement, as the agreement was ambiguous.

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Advanced Technology Services, Inc. “ATS”, filed suit against two former employees and the company the two men formed, asserting several claims arising out of allegations that the defendants used ATS trade secrets and confidential information improperly in their new business venture. The defendants removed the case to federal district court, which granted summary judgment in their favor on ATS’s claim of copyright infringement and remanded the remaining claims to the Superior Court of Fulton County. The superior court granted summary judgment to the defendants on the remaining claims, and ATS appeals. For the reasons that follow, we affirm.

On appeal from the grant of summary judgment, appellate courts “conduct a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Shekhawat v. Jones, 293 Ga. 468, 469 746 SE2d 89 2013; Ga. Dept. of Corrections v. Developers Sur. Indem. Co., 324 Ga. App. 371, 372 750 SE2d 697 2013.

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