Legal Question in Intellectual Property in Pennsylvania

What type of claim is best?

Some time ago, I had a company that supplied a very large client with goods and services throughout the years without written contracts. It had to be done this way alot of times for benefit of the client. Through their agent, the client asked us for a huge job. They wanted their widget redesigned, repurposed, engineered and a new look. With over 3 months of dedicated work and close to half a million dollars in costs, the new widget was ready and the agent of the client really liked it. At this time, the two salespeople working for me quit and started their own company. The client ceased all communication with us and gave the new company this work. All the design and such was completed and the new company made and installed the new widgets for the client. It was very blatant and aside from the half million dollars, my company could not handle this loss and had to close doors sometime later. Value of company was $3million. Personally, I was harmed as well as the mental problems this caused turned to physical problems.I thought that breach of implied contract would be best, as far as damages but can I get punative damages since the client is still benefiting and using our exact widgets?there is also misappropriation of a trade secret


Asked on 7/28/06, 8:01 am

1 Answer from Attorneys

Joseph Chovanes Chovanes & Associates

Re: What type of claim is best?

Actually regular breach of contract would work -- as well as trade secret plus there is a tort of theft of confidential information. As to your ex employees there are the same counts plus breach of their employment contract and unfair competition. Assuming drawings etc. existed and had the standard notation there would be copyright infringment as well.

When did all this happen?

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Answered on 7/28/06, 10:11 am


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