Proofpoint, Inc. v. Vade USA, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PROOFPOINT, INC.; CLOUDMARK, LLC, No. 23-16085

Plaintiffs-Appellants, D.C. No. 3:19-cv-04238-MMC

v.

MEMORANDUM*

VADE USA, INC.; et al.,

Defendants-Appellees.

PROOFPOINT, INC.; CLOUDMARK, LLC, No. 23-16175

Plaintiffs-Appellants, D.C. No. 3:19-cv-04238-MMC

v.

VADE USA, INC.; VADE FRANCE, SAS,

Defendants-Appellees,

and

OLIVIER LEMARIÉ,

Defendant.

Appeal from the United States District Court for the Northern District of California Maxine M. Chesney, District Judge, Presiding

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Argued and Submitted August 12, 2024 San Francisco, California

Before: GRABER, CALLAHAN, and KOH, Circuit Judges.

Plaintiffs Proofpoint, Inc. and Cloudmark LLC, which are affiliated

cybersecurity companies, brought this action under the Defend Trade Secrets Act,

18 U.S.C. § 1836 et seq., against Vade, a rival company, and Vade’s former…