Michael De Vries

Over the last several years, Michael De Vries and his team have brought in more than $2.1 billion in verdicts and settlements representing clients in patent and trademark litigation, usually against the clients’ competitors.

One key to De Vries’ success, especially in trade secrets matters, is demanding thorough forensic examinations of computers and similar devices during discovery. That was a key reason he and his team won a $40 million jury verdict last year for Comet Technologies against competitor XP Power for luring away employees who brought over trade secrets. Comet Technologies USA Inc. v. XP Power LLC, 5:20-cv-06408 (N.D. Cal., filed Sept. 11, 2020).

During the trial in March last year, forensic experts were able to show the jury how specific files moved from Comet’s computers to departing employees’ devices to the XP’s computers and then were used in ongoing XP projects. “We argued to the jury that the evidence showed broad use of the trade secrets within … the company’s and the employees’ computer systems,” he said.

“It’s really important to have that type of presentation because, given the types of issues at stake, oftentimes witnesses will have a strong incentive to say that they didn’t use the trade secrets.”

In addition to the verdict, the judge permanently enjoined XP from using any of Comet’s secrets. Both sides have appealed.

Forensic investigation, along with expedited discovery, also helped De Vries and his team secure a temporary restraining order in a new trade secrets case for a digital cloud-services company against a large competitor. Trial is set for October. Unisys Corp. v. Gilbert, 2:23-cv-00555 (E.D. Penn., filed Feb. 13, 2023).