Tokyo Electron America, Inc. v. Miller
PRELIMINARY INJUNCTION: Granting Motion for a Preliminary Injunction 3 ). Signed on 10/4/2021 by Judge Michael W. Mosman. (kms)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
TOKYO ELECTRON AMERICA, INC.,
ANDREW DALE MILLER,
Case No.: 3:21-cv-01388-MO
This matter first came before the Court on September 20, 2021, on Plaintiff Tokyo
Electron America, Inc.’s (“TEL”) Motion for Temporary Restraining Order and Preliminary
Injunction. [ECF 3]. Attorney Christopher McCracken appeared on behalf of Plaintiff TEL.
Defendant Andrew Dale Miller (“Mr. Miller”) did not appear.
On September 21, 2021 the Court issued a Temporary Restraining Order which granted
the relief TEL sought by the Motion. On September 22, 2021 the Court instructed Mr. Miller to
appear before the Court by October 1, 2021 and show cause why a preliminary injunction should
not issue in accordance with the Temporary Restraining Order. [ECF 11].
On October 1, 2021, Mr. Miller appeared in writing, submitting a Response to Temporary
Restraining Order and Request for Dismissal. [ECF 14]. On that same date, TEL submitted a
Supplemental Brief [ECF 15] and a supplemental declaration in support, requesting issuance of a
preliminary injunction. [ECF 16].
The Court has fully considered all materials filed in support of, and in opposition to, the
Motion, as well the record herein. The Court finds as follows:
TEL has demonstrated the presence of a protectable interest in that Mr. Miller had access
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to its trade secrets and other competitively sensitive and confidential business or professional
information, and that TEL has a protectable contractual, goodwill and business interest in those
TEL has demonstrated a likelihood of success on the merits, or, alternatively, the
presence of serious questions going to the merits of TEL’s claim that Mr. Miller, through his
conduct, has or threatens to misappropriate or disclose its trade secrets or other confidential and
proprietary information in violation of the Defend Trade Secrets Act (“DTSA”), 18 U.S.C.
§ 1836(b), and that Mr. Miller, through his conduct, has breached or threatens to breach the
terms of the Agreement for Confidential Information and Intellectual Property dated July 13,
2018, between TEL and Mr. Miller;
TEL has demonstrated a threat of irreparable harm by the misappropriation and
disclosure of its trade secrets and other confidential business or professional information that
outweighs the potential harm to Mr. Miller that would occur during the duration of this
TEL has demonstrated that the balance of the equities tips in its favor; and
TEL has established that the public interest in protecting trade secrets and confidential
information and in enforcing valid contracts favors granting relief for the duration of this
Based on the foregoing, Mr. Miller’s Request for Dismissal [ECF 14] is DENIED and
that TEL’s Motion for Preliminary Injunction [ECF 3] is GRANTED, as follows:
Confidentiality. Mr. Miller shall abide by the provisions of the Agreement for
Confidential Information and Intellectual Property dated July 13, 2018, between TEL and Mr.
Miller incorporated herein as Appendix A, and Mr. Miller shall not use, access, copy, or disclose
in any manner TEL’s Company Information or Company Property;
Return of Company Property. Mr. Miller shall immediately return to TEL all
Company Property in his possession, including without limitation all security badges issued by
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TEL (or by any TEL customer) to Mr. Miller, any TEL-issued telephone, and all copies of any
documents, information, or data Mr. Miller has copied from the Company Property.
3. As used in this Preliminary Injunction, the term “Company Information” means all
information, tangible or intangible, which is secret, confidential or proprietary in nature which
concerns business or affairs of TEL, its customers or suppliers, including, but not limited to,
inventions, trade secrets, ideas, programs, works of authorship, know-how, technical and
business information, marketing and financial information, data, products, processes,
developments, improvements, techniques, and plans.
4. As used in this Preliminary Injunction, the term “Company Property” means all of
TEL’s property, including but not limited to Company Information, documents, data, records,
apparatus, equipment, computer memories and other tangible items, including any copies
thereof, containing the Company Information, which at any time came into Mr. Miller’s custody,
Dated this ___ day of October, 2021.
The Honorable Michael W. Mosman
District Court Judge
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