Profiting off Public Panic – Abbott Laboratories et al v. Brown

1 minute read | November.02.2020

The COVID-19 pandemic has led to a rise in fraud by wrongdoers seeking to profit off public panic and strained resources. One such example is asserted in the lawsuit filed by global health care company Abbott Laboratories (“Abbott”) against its former employee Justin Brown in the United States District Court for the Northern District of Illinois. In the Complaint, Abbott alleges that Brown stole Abbott’s customer information and fraudulently represented that he was selling Abbott’s COVID-19 diagnostic products.

While employed by Abbott, Brown’s responsibilities included promoting and selling Abbott’s dialogistic products. Brown allegedly informed Abbott that he needed to take military leave to fulfill his obligations to the United States Navy Reserve and subsequently took a six-month leave. However, according to the Complaint, Brown had falsified this information and instead, had been secretly working for a competing company during this time, while collecting military-leave pay.

After his termination, Brown allegedly refused to return his Abbott-issued laptop, registered the domain name “abbottdx.com,” created the email account “[email protected],” and included Abbott’s trademarked name and logo in his email signature block in order to solicit Abbott’s customers and fraudulently represent that he was selling Abbott’s products. Based on these allegations, Abbott asserts claims against Brown for trade secret misappropriation and trademark infringement, among others. Brown has yet to file a response.

The type of allegations laid out in the Complaint are far from uncommon during this time in which we see counterfeit COVID-19-related equipment, price gouging, fake treatments—and behind it all, opportunists seeking to exploit the crisis to make a quick buck.

Authors

Julie Lee Managing Associate

Washington, D.C.

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D:+1 949 852 7715
E: [email protected]

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Julie Lee Managing Associate

Washington, D.C.

Julie focuses her practice on complex business litigation and represents clients in the financial, technology, and energy sectors. Julie helps companies navigate complex commercial cases in state and federal courts. She has helped clients reach successful outcomes through high-stakes litigation as well as through alternative dispute resolution. Prior to joining Orrick, Julie was a judicial law clerk to the Honorable Dana M. Sabraw of the United States District Court for the Southern District of California.

Denise Mingrone Senior Counsel, Intellectual Property, Trade Secrets Litigation

Silicon Valley

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D:+1 650 614 7682
E: [email protected]

Practice:

Technology & Innovation Sector
Intellectual Property
Trade Secrets Litigation

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Denise Mingrone Senior Counsel

Silicon Valley

No stranger to the courtroom and having handled complex litigations for technology giants including Synopsys, Brocade, Applied Materials and Oracle, Denise seamlessly and efficiently manages large teams to secure victory. Clients appreciate her transparent collaboration and instinct for developing a strategy that ensures the right evidence is presented in the best manner.

The jury verdict Denise’s team obtained in the Netgear v. Ruckus Wireless patent trial, for example, surprised most because the team took over the case just weeks before jury selection, earning the number one place on that week’s “Top Jury Verdicts.” Prior to the Ruckus trial, Denise’s team similarly received accolades as “Top Verdict of the Year” for its jury win on behalf of Brocade against A10 Networks involving patent and copyright infringement. These victories were preceded by a trade secret win for MGA in the “Barbie v. Bratz” epic battle against Mattel, which earned Denise the “California Lawyer of the Year” award for her contributions.

In addition, Ms. Mingrone has led numerous software piracy matters, obtaining full relief whether through negotiation or litigation. Her work in this area encompasses both confidential as well as public investigations, all designed to ensure clients secure the protection of their intellectual property rights and receive appropriate relief when those rights are infringed.

As a former law clerk to several federal judges, Denise appreciates that cases do not turn on facts alone. She has waged and won numerous courtroom battles both obtaining and defending pre-trial injunction motions. As one opponent noted, “She’s a fierce advocate who will go to the mat for her client’s position.”