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Fraud claims preempted by Delaware Uniform Trade Secrets Act where the claims involved the alleged misappropriation of proprietary business information, but such claims would fail as any fraudulently obtained information would not have caused the claimed damages.
Court relied upon extrinsic evidence to understand how person of ordinary skill in the art would construe patent terms in dispute in claim construction.
Plaintiffs Could Assert New Jersey Due Process Claims Based on Quasi-Public Entity's Allegedly Arbitrary Cancellation of Membership Applications
The court held that plaintiff's claims were not ripe or justiciable and its breach of representations claim failed to state a claim where plaintiff did not and could not plead damages.
The court rejected plaintiff's motion for a stay and granted defendant's motion to dismiss because plaintiff's lawsuit was based on contingent events and was not yet ripe for litigation.
Bottling Contract Terminable at Will; Pepsi Not Obliged to Prevent Third Party's Sales
Although plaintiffs were not entitled to an injunction shutting down defendants' business, the court granted a limited temporary injunction regarding certain statements made by defendants on their website.
Cite as: Thales Alenia Space France v. Thermo Funding, 13 Civ. 712, NYLJ 1202628870714, at *1 (SDNY, Decided November 12, 2013) 13 Civ. 712 Distri
Cite as: Thales Alenia Space France v. Thermo Funding, 13 Civ. 712, NYLJ 1202608933023, at *1 (SDNY, Decided June 25, 2013) 13 Civ. 712 District J
District Judge Colleen McMahon U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Plaintiff's attorneys - Wolf Haldenstein Adler Freeman & Herz and Brownstein Hyatt
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