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Intellectual Property Law

: The Trade Secrets Vault

Richard K. NIEMI, DBA as Richard K. Niemi Design and Engineering Services and RKN Technology, L.L.C., Plaintiffs-Appellants v. NHK SPRING CO., LTD.; NHK International, Ltd.; and New Mather Metals, Inc.

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An engineering designer of method of manufacturing stabilizer bars for automobiles brought actions against automobile component producer, and its parent corporation alleging misappropriation of trade secret, breach of contract, and promissory estoppel. The United States District Court for the Northern District of Ohio, James G. Carr, Chief Judge, dismissed claims against parent corporation, 2006 WL 954248, and awarded summary judgment to producer, 2005 WL 2143976, 481 F.Supp.2d 869. Designer appealed. Holdings: The Court of Appeals, McKeague, Circuit Judge, held that: (1) genuine issue of material fact precluded summary judgment on designer's claim for misappropriation of a trade secret against producer; (2) district court did not err in rejecting statute of frauds defense to engineering designer's promissory estoppel claim; (3) genuine issue of material fact precluded summary judgment on designer's promissory estoppel claim against producer; and (4) district court lacked personal jurisdiction over parent corporation. Affirmed in part, vacated in part, and remanded.

Full post as published by The Trade Secrets Vault on November 11, 2008 (boomark / email).

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