The strange contraption in this photo is at the heart of a recent decision regarding the pleading standard for DTSA claims. On June 15, Eastern District of Pennsylvania Judge Juan Sanchez denied a motion to dismiss counts of trade secret misappropriation against Joshua Andrew Adams, a former project engineer for PDC Machines, Inc. who left the company and later joined Nel Hydrogen A/S. PDC and Nel collaborated in 2008 to develop high-pressure hydrogen gas diaphragm compressors and signed a nondisclosure agreement (NDA) barring Nel from replicating or reverse engineering the technology. Adams was also subject to an NDA that prohibited him from using any of PDC’s confidential information and trade secrets without written permission. In the complaint, PDC asserts that Adams now works for Nel, and that Nel has filed at least one patent application listing Adams as the inventor for a high-pressure diaphragm hydrogen compressor that is nearly identical to PDC’s version. READ MORE
Engineering a DTSA Claim: District Court Allows Broad Allegations to Survive Motion to Dismiss
