ACTEON, INC. v. HARMS

Filing 35

MEMORANDUM OPINION AND ORDER for clarification on 25 Opinion, 26 Order on Motion for Preliminary Injunction, Order on Motion for TRO, Order on Motion to Expedite. Signed by Judge Noel L. Hillman on 11/13/2020. (Mueller, Melinda)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ACTEON, INC., 1:20-cv-14851-NLH-AMD Plaintiff, MEMORANDUM OPINION & ORDER v. JOSEPH B. HARMS, Defendant. APPEARANCES: JORDAN ELLIOT PACE CHARLES J. FALLETTA SILLS CUMMIS EPSTEIN & GROSS, PC THE LEGAL CENTER ONE RIVERFRONT PLAZA NEWARK, NJ 07102-540 On behalf of Plaintiff JAMES S. RICHTER MIDLIGE RICHTER LLC 645 MARTINSVILLE ROAD BASKING RIDGE, NJ 07920 AVIVA GRUMET-MORRIS KARA E. COOPER WINSTON & STRAWN LLP 35 W. WACKER DRIVE CHICAGO, IL 60618 On behalf of Defendant HILLMAN, District Judge WHEREAS, this matter concerns claims by Plaintiff Acteon, Inc. against its former employee, Defendant Joseph B. Harms, for breach of their agreements and trade secret violations when Harms began working for a competitor in the dental imaging industry; and WHEREAS, in consideration of Acteon’s Motion for Preliminary Injunction to enforce the non-competition provision in their contract and to prevent the disclosure of confidential and trade secret information to its competitor, on November 6, 2020, the Court entered the following Order in accordance with the reasoning expressed in the Court’s Opinion: ORDERED that Defendant Joseph B. Harms be, and hereby is, enjoined from his employment at 3Disc, and any other entity with a “competitive product” as defined by the parties’ separation agreement, in the United States for the remaining duration of the oneyear non-competition period; and it is further ORDERED that Defendant Joseph B. Harms be, and hereby is, enjoined from disclosing confidential information and trade secrets of Plaintiff Acteon, Inc. (Docket No. 26); and WHEREAS, on November 10, 2020, Harms filed a letter seeking clarification of this Order regarding whether he is permitted to perform this non-United States work while physically located the United States (Docket No. 27), a position that Acteon objects to (Docket No. 28), including pointing out that the Court’s Order encompassed its trade secret violation claims, which are not limited to a specific geographical area, in addition to their claim for breach of the non-compete agreement; and 2 WHEREAS, the Court has considered the parties’ arguments on the issue; THEREFORE, IT IS on this 13th day of November , 2020 ORDERED that the Court clarifies its November 6, 2020 Opinion and Order as follows: ORDERED that Defendant Joseph B. Harms be, and hereby is, enjoined from his employment at 3Disc, and any other entity with a “competitive product” as defined by the parties’ separation agreement, in the United States for the remaining duration of the oneyear non-competition period; and it is further ORDERED that Defendant Joseph B. Harms may be physically located in the United States while he performs his job duties for non-United States entities and customers; and it is further ORDERED that Defendant Joseph B. Harms be, and hereby is, enjoined from disclosing confidential information and trade secrets of Plaintiff Acteon, Inc. anywhere in the world. . s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 3

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