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ASSET MARKETING SYSTEMS, INC., Plaintiff-counter-defendant-Appellee v. Kevin GAGNON, d/b/a Mister Computer, Defendant-counter-claimant-Appellant.

A field marketing organization, which offered sales and marketing support to insurance marketing entities, brought action in state court against at-will, independent contractor, alleging misappropriation of trade secrets and conversion. Contractor obtained removal, and filed counterclaims, alleging, inter alia, copyright infringement, unfair competition, and misappropriation of trade secrets. The United States District Court for the Southern District of California, Jones, J., granted summary judgment in favor of organization. Thereafter, the District Court, Rudi M. Brewster, J., 2007 WL 2669482, denied contractor's motion for reconsideration. Contractor appealed. The Court of Appeals, Milan D. Smith, Jr., Circuit Judge, held that: (1) contractor impliedly granted organization an unlimited license; (2) organization could not have misappropriated contractor's trade secret; and (3) non-competition agreements were invalid. Affirmed.

Full post as published by The Trade Secrets Vault on October 28, 2008 (boomark / email).