X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION AND ORDER INTRODUCTION Plaintiff OmniProphis Corp. brings this action against Defendant Vanteon Corp., alleging breach of contract and misappropriation of trade secrets. See ECF No. 1. Currently before the Court is Vanteon’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). ECF No. 13. OmniProphis opposes the motion, ECF No. 16, and Vanteon has filed its reply. ECF No. 17. For the reasons that follow, Vanteon’s motion is DENIED. LEGAL STANDARD A complaint will survive a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) when it states a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007)). A claim for relief is plausible when the plaintiff pleads sufficient facts that allow the Court to draw the reasonable inference that the defendant is liable for the alleged misconduct. Iqbal, 556 U.S. at 678. In considering the plausibility of a claim, the Court must accept factual allegations as true and draw all reasonable inferences in the plaintiff’s favor. Faber v. Metro. Life Ins. Co., 648 F.3d 98, 104 (2d Cir. 2011). At the same time, the Court is not required to accord “[l]egal conclusions, deductions, or opinions couched as factual allegations…a presumption of truthfulness.” In re NYSE Specialists Sec. Litig., 503 F.3d 89, 95 (2d Cir. 2007) (quotation marks omitted). BACKGROUND The following facts are taken from the complaint, unless otherwise noted. In April 2018, OmniProphis and Vanteon began a business relationship to develop the “Phoenix Project” — a new, “highly confidential and proprietary Software Defined Radio (‘SDR’) program.” ECF No. 1

2, 16. An SDR is a “radio communication system that uses software instead of traditional hardware to process signals at pre-programmed frequencies and signal characteristics.” Id. 17. The aim of the Phoenix Project was to develop a new SDR that could “cover greater bandwidth of the cellular telecommunication spectrum in a single device,” while also being capable of “both sending and receiving those signals.” Id. 19. OmniProphis intended to market this technology as a means to detect and block unauthorized cell-phone usage in prison facilities. See id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

McDermott Law, LLC, a boutique Plaintiffs-focused firm located in the Denver Tech Center, has an opening for a full-time associate attorney....


Apply Now ›

Beitchman & Zekian, P.C. seeks a motivated and ambitious attorney with 2 to 4 years of civil and business litigation experience for its ...


Apply Now ›

Job Summary: The Director of Operations will be responsible for the strategic and operational management of the firm's Personal Injury pract...


Apply Now ›