West Hills Research and Development, Inc. v. Wyles CA2/8

FACTS

West Hills is a medical products company which developed a series of bandage products intended to instantly relieve pain from burn injuries. West Hills holds international patent applications in connection with these products. Wyles is an attorney licensed to practice in Colorado. On October 12, 2012, West Hills hired Wyles as its in- house counsel specializing in intellectual property. West Hills terminated Wyles on April 5, 2013. On July 26, 2013, West Hills sued Wyles, alleging a dozen causes of action, including breach of loyalty, breach of confidence, misappropriation of trade secrets, intentional interference with economic advantage, negligent interference with economic advantage, computer fraud and abuse, conversion, and unfair competition. In addition, West Hills sought declaratory judgment and injunctive relief along with money damages for Wyles’ alleged misconduct. The gravamen of West Hills’ complaint rests on the allegation that Wyles stole its trade secrets to set up a competing business after he was terminated. Wyles moved to strike the complaint on the ground it sought to chill his right of petition under the SLAPP statute in connection with issues under…