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Intellectual Property
Professional Misconduct
Misappropriation of Trade Secrets

David McGovern v. Pacific Bell

Published: May 14, 1994 | Result Date: Mar. 3, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 912650 –  $6,146,000

Judge

Thomas J. Mellon Jr.

Court

San Francisco Superior


Attorneys

Plaintiff

John A. McBride


Defendant

Joyce M. Norcini


Experts

Plaintiff

Tom Thomas
(technical)

William Beach
(technical)

Facts

Plaintiff David McGovern worked for Defendant Pacific Bell as a consultant from September of 1988 to the middle of January, 1989; he was a consultant in a Pacific Bell project. Plaintiff is an expert in the field of connectivity (i.e., developing access) to databases and specifically relational databases. Defendant was developing a new program called "customer software features translator." This utilized an oracle relational database, and they allegedly had a need for something such as Plaintiff's "relational access manager."

Settlement Discussions

Plaintiff contends his pretrial demand was $300,000; Defendant's pretrial offer was $50,000.

Damages

Plaintiff claimed preclusion from marketing his trade secret because Defendant compromised and misappropriated same; his claim for damages ranged from $2,500,000 to approximately $16,000,000.

Deliberation

1 day

Poll

10-2

Length

8 days


#90322

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