Confidential
Verdict – $2,541,690Judge
Court
USDC Colorado
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul Regan
(technical)
Richard M. Ziernicki P.E., Ph.D.
(technical)
Defendant
Charles H. Smith
(technical)
Betty Jackson
(technical)
Larry Singell
(technical)
Facts
Plaintiff Powell Products Inc. claimed that in October 1993, defendant Wormeer Corporation misappropriated the plaintiff's trade secrets for manufacturing foam-tipped cosmetic applicators. The plaintiff claimed the defendant then built machines to make applicators so that it could compete with the plaintiff. The defendants contended that the plaintiff's manufacturing methods were not trade secrets and that the plaintiff did not suffer any damages as a result of the defendants' use of methods like the plaintiff's. The plaintiff brought this action against the defendants based on misappropriation of trade secrets theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $400,000. The defendant made a settlement offer for $250,000.
Damages
The plaintiff claimed $1,296,240 in damages.
Other Information
The settlement was reached approximately two years after the case was filed. Post verdict settlement conferences were held before Magistrate Donald Adam and Patricia Cohen, resulting in the reported settlement. The settlement was reached following a verdict of $2,541,690. As part of the settlement, the defendants agreed to turn over production equipment and agreed to the entering of an injunction prohibiting them from engaging in the business of manufacturing foam-tipped applicators.
Deliberation
12 hours
Poll
8-0
Length
9 days
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