February 8, 2013
UPDATE: On February 5, 2013, U.S. District Court Judge Frank Whitney upheld the $4.2 million jury verdict in favor of Fitch Even client Bridgetree, Inc., rendered in August 2012 as reported below. In addition, Judge Whitney granted Bridgetree’s motion for a permanent injunction against defendant Red F Marketing, ruling that Red F must expunge the stolen software from its computers, enjoining Red F from using the software in the future, and requiring Red F to use a specific clean room process for any future pre-mover products or services it wishes to sell. Red F was also ordered to pay attorney fees to Bridgetree for successfully prosecuting claims under the North Carolina Trade Secret Protection Act.
(From August 2012)
On August 10, 2012, a federal jury in Charlotte, North Carolina, rendered a $4.2 million verdict in favor of Fitch Even client Bridgetree, Inc., after a two-week trial in a software trade secrets case. Judgment was entered jointly and severally against Red F Marketing LLC, its affiliate Target Point, LLC, and their principals Daniel Roselli, Teng Li, and Mark Epperly.
Bridgetree provides marketing data, information, analytics, and logistics services to consumer marketing companies. The jury credited Bridgetree’s proof that defendant Teng Li, a former Bridgetree employee, abruptly left the company in January 2010 shortly after receiving a proposal from Roselli, and immediately went to work for Red F and its affiliate, Target Point, recruiting a substantial number of Bridgetree IT personnel in China to join Red F’s new Chinese operation. Analysis conducted by Bridgetree’s computer forensics experts showed that defendant Teng Li and counterparts in China had accessed a large amount of Bridgetree proprietary data and copied numerous computer files at the time of his departure, unlawfully acquired Bridgetree source code and other confidential information, and in that connection committed acts of unfair and deceptive trade practices.
Fitch Even’s trial team consisted of lead counsel Steven C. Schroer of Boulder, Christine A. Pompa and Mark A. Borsos of Chicago, and Edward W. Gray, Jr. of Washington, D.C., together with local trial counsel J. Mark Wilson and Kathryn G. Cole of Moore & Van Allen PLLC and J. Douglas Grimes of Hedrick Gardner in Charlotte, N.C.
Red F Marketing and the other defendants were represented by the 900-attorney McGuireWoods LLP law firm.
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