DER Security Corp v. Enetrics LLC

introduction of the product without the use of DER’s trade secrets, and (3) Fox and Enetrics began to target DER’s customers, with contact information that Fox would have known only if he was using DER’s business trade secrets. Through these allegations, it is plausible that something other than general knowledge is at issue, and the defendants are on notice about the boundaries of the trade secrets. For instance, DER points to a specific client that Fox knew it was in talks with and alleges more generally that Fox took DER’s confidential business contact information and was aware of DER’s confidential long-term business plan. Complaint, Dkt. No. 2, at ¶¶ 54–56. DER also alleges a specific product that it believes Fox copied and notes that, in particular, Fox appeared to have improperly accessed the source code for DER’s products. Complaint at ¶¶ 40, 48–49, 52–53. Given the circumstances alleged by DER of Fox’s history with the company, the complaint’s focus on particular products, and the allegations of business interruptions related to use of confidential client lists and business plans, the defendants are “on notice of what the theft is about.” Arthur J. Gallagher & Co. v.…