Whittaker Corporation and Dynasciences Corporation v. Execuair Corporation, Emc Manufacturing Company, Inc., and Laurence S. Manhan

Whittaker and its subsidiary, Dynasciences, (hereinafter referred to as Whittaker) brought this action alleging that Execuair and a related enterprise, EMC Manufacturing Co., (hereinafter referred to as Execuair) and Execuair’s founder Larry Manhan misappropriated trade secrets, improperly “palmed off” Execuair’s product as Whittaker’s and infringed on Whittaker’s trademark. Whittaker appeals and we affirm a partial summary judgment holding that Whittaker’s claim for misappropriation of trade secrets was barred by the statute of limitations, and that recovery for precomplaint acts of palming off was barred by laches and estoppel. We reverse a final judgment for Execuair granted by the district court on those claims not barred by the partial summary judgment and remand for further proceedings because of several incorrect pre-trial evidentiary rulings by the district court.

FACTS

Whittaker manufactures and sells valves and their component parts for use in aircraft. Execuair rebuilds and sells Whittaker valves and sells replacement parts for Whittaker valves. Some of the replacement parts sold by Execuair are manufactured by Whittaker and some are manufactured by Execuair…