Multiven, Inc. v. Cisco Systems, Inc.

ORDER GRANTING CISCO’S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING MULTIYEN’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Presently before the Court are Defendants and Counterclaimants Cisco Sys terns, Inc. and Cisco Technology, Inc.’s (collectively, “Cisco”) Motion for Partial Summary Judgment Against Counterdefendants Peter Alfred-Adekeye (“Adekeye”) and Multiven, Inc. (collectively, “Multiven”) and Counterdefendants’ Motion for Partial Summary Judgment. The Court conducted a hearing on June 7, 2010. Based on the papers submitted to date and oral argument, the Court GRANTS Cisco’s Motion and DENIES Multiven’s Motion.

A. Background

1. Undisputed Facts

Cisco Systems, Inc. is a leading provider of networking equipment (primarily switches and routers) and related services. Cisco Technology, Inc. is a wholly-owned subsidiary of Cisco Systems, Inc. Until May 2005, Adekeye was a Cisco employee. (Answer ¶¶45, 47.) During his employment with Cisco, Adekeye worked as a Technical Assistance Center (“TAC”) engineer. (Id. ¶45.)

On or about March 2, 2005, Adekeye incorporated Multiven. (Answer ¶ 48.) Multiven is a Delaware Corporation that purports to provide service and maintenance support for…