Knobbe Martens Successfully Obtains Summary Judgment for Client Toshiba in Trade Secret Misappropriation Case
On September 15, Knobbe Martens Olson & Bear, LLP successfully obtained summary judgment for clients Toshiba Corp. and Toshiba America Information Systems, Inc. (“Toshiba”) in their defense of a trade secret misappropriation suit brought by Bruce Bierman, the CEO of Intellisoft, Ltd.
In July 2010, Bierman sued Toshiba for misappropriating trade secrets allegedly contained in Bierman’s Bookmark software during the late 1980s and early 90s, alleging $100 million in damages. The September 15 order ends a four year saga regarding Bierman’s claims.
In its order, the Court based its summary judgment grant on the finding that Bierman’s claim was barred by the statute of limitations. The Knobbe Martens team, led by Irfan Lateef, overcame Bierman’s claim that although the alleged misappropriation occurred between 1986 and 1995, he could toll the statute of limitations to 2010, when he discovered the alleged misappropriation. The team convinced the court that due to widespread industry publications available beginning in 1988, Bierman was constructively aware of the product features alleged to be the misappropriation.
"There’s no question that the court correctly decided the statute of limitations issue," Lateef said. "Toshiba is obviously pleased with the decision."
