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Bryan Wilson

| Oct. 25, 2023

Oct. 25, 2023

Bryan Wilson

See more on Bryan Wilson

Morrison Foerster

Bryan Wilson co-chairs the firm's trade secrets group, formerly chaired the litigation department in the Palo Alto office and holds a position as a lecturer in law at Stanford Law School.

One of Wilson's significant achievements was a victory, along with Ken Kuwayti, in the defense of the National Institute of Aviation Research at Wichita State University (NIAR). Wagner Aeronautical, Inc. et al. v. Dotzenroth et al ., 3:21-cv-00994 (S.D. Cal., filed May 25, 2021).

They took over the case after the client faced early setbacks and ultimately secured the dismissal of the claims against NIAR with prejudice. This significant win followed a series of defeats for the plaintiffs in motion practice and discovery. The case involved allegations that NIAR's program for converting Boeing 777 passenger jets to cargo use was based on trade secret information taken from the plaintiffs.

"Our clients literally take jumbo jets apart and then put them back together in different configurations," Wilson said. "We had to communicate the full complexity of this task in comparison to the asserted trade secrets."

Notably, the court denied the plaintiffs' motion for a preliminary injunction, casting doubt on the existence of trade secrets, the plaintiffs' efforts to protect the information's secrecy and the viability of their misappropriation claims.

The stakes in this case were substantial, as it involved the client's leading position in an industry with potential projects worth hundreds of millions of dollars, including collaborations with major aircraft manufacturers and customers.

"Defending the National Institute for Aviation Research raised jurisdiction, venue and pleading issues that we had to fight our way through to get to the merits of the case," Wilson said. "It was a good example of a multipronged strategy to peel away the asserted claims bit by bit until there was nothing left for the plaintiffs to pursue."

Another noteworthy case on Wilson's docket is pending in the Eastern District of California. Wilson represents CSPC Dophen Corporation, a pharmaceutical research and development company, in a legal battle against former employee Dr. Sean Hu. CSPC Dophen Corporation v. Hu , 2:17-cv-01895 (E.D. Cal., filed Sept. 11, 2017).

The lawsuit alleges various claims, including breach of contract, breach of duty of loyalty, trade secret misappropriation and unfair competition. CSPC Dophen accused Dr. Hu of secretly establishing a competing company, Dophen Biomed, Inc., using confidential information and funds from CSPC Dophen before his termination.

After extensive motion practice, the court ordered the return of CSPC Dophen's confidential information and restored ownership of an FDA application to the company. While most of Dr. Hu's counterclaims were dismissed, the case is currently pending trial setting.

Wilson's insights into the challenges faced in trade secret cases highlight the complexities involved in communicating the intricacies of the client's work compared to the alleged trade secrets. Additionally, the slow pace of the court and multiple case reassignments presented logistical challenges that required strategic navigation.

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